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HomeMy WebLinkAboutFebruary 26, 1996 RegularMayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gary L. Peterson Mark ~ Winson February 23, 1996 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 26, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provMed to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER AND ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADD1TIONS~ELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Minutes of the Regular City Council Meeting of February 12, 1996 MOTION: Move to adopt the minutes of the Regular City Council Meeting of February 12, !996, as presented in writing, and such reading be dispensed with. 2) Authorize City to Enter Into Administrative Agreement Between Anoka County and Other Election Districts Within the County MOTION: Move to Authorize the Mayor and City Manager to Enter into an Administrative Agreement Between Anoka County and the Municipalities, Townships, School Districts, Hospital Districts in Anoka County to Allocate Costs for Election Expenses Pursuant to Administrative Rules Promulgated Under Laws of 1995, Chapter 8, Section 3. 3) Authorization to Seek Quote's for Tree Removal in LaBelle Park MOTION: Move to Authorize Staff to Seek Quotes for Tree Removal in LaBelle Park. Approval of Compensation for Certain Staff Members MOTION: Move to Approve Two Weeks Additional Compensated Leave for Robert Jendro, Kathyjean Young, and Lauren McClanahan. Establish Work Session Dates fOr March, 1996 MOTION: Move to Establish March 4, 1996 at 8 P.M. and March 18, 1996, at 7 P.M. as City Council Work Session Dates for March, 1996. 590 40TH AVENUF~ N.E., COLUMBIA H~IGHTS, MN 55421 PHONE (612) 782.2810 FAX (612) 782-2801 TDD (612) 782.2806 The Oty of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services Equal Opportunity Employer CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 28, 1996 PAGE 2 Approve Licenses MOTION: Move to Approve the 1996 License Applications as Listed Upon Payment of Proper Funds, and the Rental Property License as Listed on the Memorandum from Lowell DeMars dated February 26, 1996. Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS~ GUESTS A. Employee Recognition/Plaque Presentation -- Robert Jendro, Police Department B. Employee Recognition/Plaque Presentation -- Robert Davidson, Fire Department C. Introduction of New Employee -- Judy Menth, Community Service Officer, Police Department 6. PUBLIC HEARINGS A. Public Hearing - Second Reading of Ordinance No. 1315, Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Alley Easement RECOMMENDED MOTION: Move to Waive the Second Reading of Ordinance No. 1315, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1315, an Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating the Triangle Portion of the Platted Alley Which is Adjacent to the South- East Corner of Lot 20, Block 54, Columbia Heights Annex to Minneapolis. Public Hearing - Second Reading of Ordinance No. 1316, Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Street RECOMMENDED MOTION: Move to Waive the Second Reading of Ordinance No. 1316, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1316, an Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating the Unopened Portion of California Street Located Between 38th Avenue N.E. and 39th Avenue N.E. Public Hearing - First Reading of Ordinance 1317, 1318, 1319, 1320, and 1321, Ordinances Approving Sale and Development Agreement Between City and Twin Cities Habitat for Humanity Regarding 4501 Taylor; 4549 Taylor; 4555 Taylor; 4550 Fillmore, and 1221 40th Avenue N.E. RECOMMENDED MOTION: Move to waive the first reading of Ordinances, there being ample copies available. RECOMMENDED MOTION: Move to Schedule a Second Reading of Ordinance 1317, 1318, 1319, 1320, and 1321 for March 11, 1996, at Approximately 7:15 P.M. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution Approving Allocation of Damages and Authorizing Payment Thereof to MPRS RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 96-27, Resolution Approving Allocation of Damages and Authorizing Payment Thereof for the City's Share of Final Judgment of Expenses for Damages, Penalties, Costs, Disbursements, and Attorneys' Fees Relative to the Starks v. MPRS and Fields v. MPRS Lawsuit. 2) Resolution Adopting A Street Rehabilitation Program RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 96-28, Being a Resolution Adopting a Street Rehabilitation Program. CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 28, 1996 PAGE 3 Bid Considerations 1) Award of Road Aggregates RECOMMENDED MOTION: Move to Award the Bid for and Authorize the Mayor and City Manager to Enter Into an Agreement to Purchase Road Aggregate Materials for the 1996 Season Based Upon Low Formal Bids Received, at the Unit Prices and From the Vendors Listed on the Council Letter. 2) Authorization to Purchase Athletic Equipment RECOMMENDED MOTION: Move to Authorize Staff to Purchase Athletic Equipment from Sports Supply Group. 3) Authorization to Purchase T-Shirts and Baseball Caps RECOMMENDED MOTION: Move to Authorize Staff to Purchase T-Shirts and Baseball Caps From MECA Sportswear. 4) Reject Bid for Asphaltic Material RECOMMENDED MOTION: Move to Reject the Bid, as It Did Not Meet Specifications for the 1996 Asphaltic Materials. 5) Award of Plant Mixed Bituminous Materials RECOMMENDED MOTION: Move to Award the Bid and to Authorize the Mayor and City Manager to Enter Into an Agreement to Purchase the 1996 Plant Mixed Bituminous Materials Based upon Low Formal Bids Received at the Unit Prices and From the Vendors as Listed on the Council Letter. 6) Authorization to Purchase Tractor for Underground TV Unit RECOMMENDED MOTION: Move to Authorize the Purchase of One (1) Aries TV Tractor from Aries Industries, Inc. of Wisconsin for $6,869.00 Plus Tax, Funding From Fund 432-49499-5180; and Furthermore, to Authorize the Mayor and City Manager to Enter Into an Agreement for the Same. Other Business 1) Authorize Payment to the City of FridIey for Columbia Heights' Portion of the Safety Net Program RECOMMENDED MOTION: Move to Authorize Payment of $4,000 to the City of Fridley for Columbia Heights' Portion of the Safety Net Program, From the Police Department Fund 101- 42100-3050, and That the Mayor and City Manager are Authorized to Issue Payment. 2) Authorize Mayor and Acting City Manager to Enter into Contract Building Inspection and Plan Review Contract RECOMMENDED MOTION: Move to Authorize the Mayor and Acting City Manager to Enter into an Agreement With Collova Services for Building Inspection and Plan Review Services. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of the February 15, 1996, Cable Commission Meeting B. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Mark A. Winson, Acting City Manager 96/22 OFFICIAL PROCEEDINGS· COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 CALL TO ORDER The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. ROLL CALL Jones, Jolly, Ruettimann, Peterson, Sturdevant - present pLEDGE OF ALLEGIANCE e ~DDITIONS/DEL~TIONS TO MEETING AGENDA There were no additions nor deletions to the Council agenda. CONSENT AGENDA There was a request to remove the item approving assistance in recruitment/selection of the new City Manager. Motion by Jolly, Second by Peterson to approve the following items on the Consent Agenda: Adopt Minutes.~ th~ R~gular City Council Meeting The Council adopted the minutes of the January 22, 1996 Regular Council Meeting as presented and there were no corrections. Authorization to do Request For Proposal for Automatic Meter Reading System The Council authorized the Mayor and City Manager to do a formal Request For Proposal for an automatic meter reading system. Authorization to Seek Ouotes to Re~oof P~es~mon Park Buildina The Council authorized staff to seek quotes to insulate and reroof Prestemon Park Building. Authorization to Seek Bidsto Replace .Five Street Lights on 40th Avenue The Council authorized staff to seek bids to furnish and install five poles and lights on 40th Avenue. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 2 Authorizstio~ to Seek Quotes to ~eroof Sullivan Lake Park Shelter The Council authorized staff to seek quotes to remove the existing asphalt shingle roof and install a standing seam metal roof system. Appoint Gary peterson as City ¢ounci~ President The Council appointed Councilmember Gary Peterson as Council President for 1996. Approve Subordination Agreement with Metro ~ssembl~es The Council authorized the Mayor and City Manager to enter into the Subordination Agreement between City of Columbia Heights, Columbia Heights Economic Development Authority and Northeast State Bank regarding the contract for private redevelopment with Robert and Priscilla Barnick d/b/a/ Metro Assemblies. Establish public Hearing Date of March ~ 1996 Regarding CDBG Funding The Council established March 11, 1996 at approximately 7:15 p.m. as the date and time for the public hearing in regards to the request to transfer CDBG Funding Accounts. License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental property licenses as listed on the memorandum from Lowell DeMars dated February 12, 1996. pa_vment of Bills The Council approved the payment of bills as listed out of proper funds. Roll call: Ail ayes Approve Assistance in Recruitment/Selection of ~ New City Manager Kerry Ashmore, publisher of the Northeaster Newspaper, requested this item be removed from the Consent Agenda for further discussion. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 3 Se Mr. Ashmore expressed his concern with the process being employed by members of the City Council for interviews of City Manager candidates. Me was of the opinion that this process virtually shut out any interested parties and/or the public and could possibly be a violation of the Open Meeting law. It was his suggestion that the process be amended to accommodate public participation. The City Attorney noted that members of the City Council shared their thoughts regarding the candidates at a Council work session which is an open meeting. He did not feel the spirit of the Open Meeting law was being violated nor circumvented. Mr. Ashmore stated that he felt the meetings with individual councilmembers and each candidate are not good public policy as the public will not be in a position to know what transpired at these one-on-one meetings since they will be conducted simultaneously. Councilmember Peterson felt this one-on'one type of meeting was very helpful when it was used for the last City Manager candidate interviews. He invited anyone who may be interested to attend his meetings with the candidates. Mr. Ashmore thanked the Council for the opportunity to speak. Motion by Ruettimann, second by Peterson to authorize the Mayor and Acting City Manager to enter into an agreement with the Brimeyer Group, Inc. for assistance in recruitment and selection of a new City Manager as outlined in the proposal dated January 24, 1996 at a cost of $12,000 plus expenses. Roll call: All ayes RECOGNITION, PROCLAMATIONS. .PRESENTATIONS. GUESTS a. values First Proclamation Mayor Sturdevant read the proclamation designating February as Values First Citizenship Month. b. Representative Carlson Representative Carlson advised members of the Council of his intentions to keep them apprised of any bills which may affect the City. He also noted that the Values First Program will be recognized bY the Legislature as to its effectiveness. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 4 7. PUBLIC HEARINGS a./b. public Hearings At the January 8, 1996 Council meeting, the public hearings for eight rental buildings licensed byLynde Investments were continued to the February 12, 1996 Council meeting. The purpose of continuing the hearings was to allow time for the legal counsel for the license holder to review the City's .Housing Maintenance Code and to provide an opportunity for reinspection of the eight properties. Four other rental buildings licensed to Lynde Investments were also scheduled for public hearing at this meeting and were scheduled for inspections. Inspection Officer Gorman reviewed the inspection reports from inspections done on February 8, 1996 and February 12, 1996. Some violations still remain. All re-inspection fees are also due. Discussion continued regarding the nature of the outstanding violations and the timetable for correcting them. Mr. Rozman, one of the partners of Lynde Investments, stated he needed thirty days to correct all of the violations with the exception of the installation of solid core doors in all of the buildings. He requested a twenty-four month timeframe to comply with the solid core door requirement. He uses some of the stored hot water heaters for parts and is hesitant to have them removed as requested during the winter months. Mr. Rozman advised he does not intend to pay $3,000 in re- inspection fees. His legal counsel stated he will confer with the Fire Chief or the Assistant Fire Chief regarding the fees. Some tenants and tenant representatives gave the history of their experience with this landlord and various properties owned by Lynde Investments. Legal counsel of three tenants made a statement relative to the hearing notice received by them. Motion by Peterson, second by Ruettimann to continue the hearing on all of the Lynde Investment properties until the March 11, 1996 Council Meeting to accommodate reinspection of outstanding violations, to draft a timetable for installation of all of the required solid core doors, to allow for payment of re-inspection fees and to receive a letter from a master plumber which addresses the discussed concerns. Roll call: Ruettimann, Peterson - aye Jones, Jolly, Sturdevant - nay Motion fails. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 5 Motion by Jolly, second by Jones to close the public hearings for properties licensed byLynde Investments at the following addresses: 4120 4th Street, 4433 University Avenue, 4425 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 4100 4th Street and 4060 4th Street. Roll call: Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Resolution No. 96-07 Being a Resolution Approving Revocation 9f the Rental License Held by. Lynde Investments Regarding Rental_Property at 4120 4th Street Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-07 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 FOURTH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4120 4th Street within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 6 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 TO RE-INSPECTION FEES) 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCI~ 1. That the building located at 4120 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified bylicense number F-1006-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this order revoking the license as held by license holder. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 7 Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant. Jo-Anne Student, Council Secretary Resolution. No, 96-08 Being a. Resolution Approving Revocation of the Renta~...License Held by Lynde_Investments Regarding property Located at 4433 University Avenue Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes R~SOLUTION NO. 96-08 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 8 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4433 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF CQUNC~L 1. That the building located at 4433 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1149-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 9 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolut$on No, 96~09 ~ei~g a. Reso~ution Approving Revocation Qf Rental.License.Held by Lynde Investments Re~ar~ing Property ~ocated at 4~5 UDiversity Avenue Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION..NO. 96.-09 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A. 408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4425UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA; AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ~ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE ~FOLLOWING: REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 10 F~NDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4425 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4425 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1148-95 is hereby revoked/suspended (cross out one); REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 11 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No..96~.10 Being a..Resolu~ionAPDroving Revocation of Rental .License ~eld.by Lynde Investments for. ProPerty Located at. 444.1 University Avenue Motion by Jolly, second by Sturdevant to waive the reading of 'the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-10 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4441UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 12 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4441 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4441 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 13 1. The rental license belonging to the license holder described herein and identified by license number F-1150-95 is revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jolly Jones Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor'Jo'Seph Sturdevant Jo-Anne Student, Council Secretary Resolution No.. 96.r~..1 Being a. Resolut~on Approving Revocation o.f Residential..Rental License Held.by Lynde...Investments for Property Located at 470.7..University Avenue Motion by Jones, second by Jolly to waive the reading of he resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-11 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE iNVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4707 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)9A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 14 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4707 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUN¢~T, 1. That the building located at 4707 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 15 O~DER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1222-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder. 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jones Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-12 B$~ng a Resolution Approving Revocation of Residential .Ren%.al .License Held by Lynde Investments .for prOperty Located at.47~5 UDiversity Motion by Jones, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-12 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE iNVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4715UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 16 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: ~.INDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4715 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4715 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 17 1. The rental license belonging to the license holder described herein and identified bY license number F-1223-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this Order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jones Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution. No. 96-.~3....Being a Resolution Approving Revocation Of certain Residential Rental License Held by Lynde Investments.~or ~roperty. L~cated...at 4100 4%h street Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~ES0LUTION NO. 96,13 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS PROPERTY LOCATED AT 4100 MINNESOTA, AND THE LEGAL OWNER OF 4TH' STREET, COLUMBIA THE REAL HEIGHTS, WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN. NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 18 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4100 4th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS .OF COUNCIL 1. That the building located at 4100 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 19 1. The rental license belonging to the license holder described herein and identified by license number F-1005-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-14 Being a Resolution Approving Revocation of A Residentia~ Renta~ Li¢~Dse..Held bY Lynde Investments for Property Located at 4060 4th Street Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes R~$OLUTION NO. 96-14 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL pROpERTY LOCATED AT 4060 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 20 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4060 4th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS. OF COUNCII. 1. That ~he building located at 4060 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights hav been exercised and completed. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 21 ORDER .OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1004-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jolly Jones Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Legal counsel for Lynde Investments submitted a copy of a letter he drafted indicating Lynde Investments' intention to appeal these Findings. c. Public Hearings - RevoGation/Suspension of Rental License..Lynde Investments. 5121 University Avenue. 5131 University Avenuew...5141 University Avenue and 4050 4th Street Motion by Sturdevant, second by Jolly to continue the public hearings regarding rental license revocations for property licensed to Lynde Investments located at 5121 University Avenue (Resolution No. 96-21); 5131 University Avenue (Resolution No. 96-22); 5141 University Avenue (Resolution No. 96-23); and 4050 4th Street (Resolution No. 96-24) until the March 11, 1996 Council Meeting. Roll call: All ayes d..~irst Reading of Ordinance No. 1315 Being an Ordinance Amending Ordinance No. 853, City Code of 4977, Vacating a Certain Alley Easement REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 22 Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1315 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: that portion of the alley adjacent to Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 60 feet south of the Northeast corner of said Lot 20, a distance of 10 feet south, thence at right angle west for a distance of 10 feet, thence northeasterly to the point of beginning and there terminating. Motion by Peterson, second by Jones to establish February 26, 1996 at approximately 7:00 p.m. as the second reading of Ordinance No. 1315 vacating an alley easement. Roll call: All ayes e. First Reading of Ordinance No. ~316 Being ~n Ordinance Amending 0rdiDance NO, 853,' City ~ode of ~977. Vacating a Certain Street Motion by Sturdevant, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1316 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 23 That portion of California Street adjacent to the East line of Lots 1 thru 15, Block 79, Columbia Heights Annex to Minneapolis, and adjacent to the West line of Lots 15 thru 30, Block 100, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or .water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the sixty (60) feet vacated street right-of-way will be added to the above described lots that are adjacent to said street. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 12, 1996 Motion by Sturdevant, second byPeterson to establish February 26, 1996 at approximately 7:00 p.m. as the second reading of Ordinance No. 1316 vacating a certain street. Roll call: All ayes ITEMS FOR. CONSIDERATION a. Other. Resolutions/Ordinances There were no other resolutions nor ordinances. b. Bid Considerations There were no additional bid considerations. c. Other Business 1. Tax IDcrement Administration. Expense Motion by Ruettimann,~secondbyPeterson to authorize payment of $11,097.00 for administering the 1995 Tax Increment Financing Laws of Minnesota with expenses being charged to the TI Debt Service Fund as an administrative expense. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 24 2. ~dtronic, Inc. p~umbiDg/Mechanical p~an Review Inspection Aqreement Motion by Peterson, second by Ruettimann to authorize the Mayor and Acting City Manager to enter into a plumbing/mechanical plan review and inspection agreement with Collova Services in conjunction with the Medtronic expansion. Roll call: All ayes 3. Grant Approval for the City to Apply for MHFA (First Time Homebuyer. Proqram) Funds Motion by Jones, second by Ruettimann to grant approval (concurrence) for the City to apply for an allocation of maximum allowable from the Minnesota Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if successful, in securing an allocation, to provide the necessary City involvement in the Program. Roll call: All ayes 4. Approve Sale and Development Agreement Between City and Twin Cities Habitat for ~umanity Regarding 4501 Taylor Street, 4549 Taylor Street, 455~ Fillmore Street and ~22~ 40th Avenue The City Manager requested this item be removed from the agenda and be considered at the February 26th Council Meeting. 5. Approve Resolutions Nos, 96-~5 ~D~ 96-26 Authorizing Purchase Agreements for 4613-15 ~erce Street and 4619r21 pierce street Resolution Mo. 96-25Approvin~Purchase Agreement fo~ Property Located at 4613-15 Pierce $.~ree~ Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO, 96-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4613-15 PIERCE STREET WHEREAS, The City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 25 WHEREAS, The City has found that there exists conditions of deteriorating, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, The City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: : The City Council hereby approves the terms of the Purchase Agreement (On 4613-15 Pierce Street) between the City and Keith Maahs and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value based on' the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council approves payment of the purchase cost from the City CDBG Program funds. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jolly Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No, 96-26 Being a Resolution Authorizina the ~urchase AgreemeNt for Property Located..at 46%9~1 Pierce Stree~ REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 26 Motion by Jolly, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4619-21 PIERCE STREET N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalizaton Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement (On 4619-21 Pierce Street) between the City and Keith Maahs and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value basd on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. ® The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. The City Council approves payment of the purchase cost from the City CDBG Program funds. Passed this 12th day of February, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 27 Offered by: Seconded by: Roll call: Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 6. Approve Negotiation of Purchase Agreement for 4625-27 Pierce Street Motion by Sturdevant, second by Jolly to authorize the City Manager to negotiate a purchase agreement with John Rekuski for 4625-27 Pierce Street according to the three stated conditions. Roll call: Jones, Jolly, Peterson, Sturdevant - aye Ruettimann - nay e ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Frozen water.service: The City Manager noted that last Fall letters were sent to those property owners whose homes had a history of frozen water service problems reminding them to take precautions to avoid this situation again. Approximately, 40 to 50 frozen water services have occurred so far this year. Red CrQss Shelter: The City Manager advised that Chief Kewatt established Murzyn Hall as a Red Cross shelter during the ice storm in January. The shelter was attended to by the Recreation Director and its availability was advertised throughout the metropolitan media. The City's policy in supplying emergency service in such a timely manner was recognized metrowide. Councilmember Ruettimann gave verbal applause to City employees for their effort during the storm and its aftermath of destruction. He noted he received numerous calls from residents recognizing the good work of employees. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 28 b. Report of the City Attorney The City Attorney had nothing to report at this time. 10. GENERALCOUNCIL COMMUNICATIONS Minutes of the following board/commission meetings were included in the Council packet: January 9, 1996 February 5~ 1996 January 29~ 1996 February 6~ 1996 January 10~ 1996 Library Board Meeting Traffic Commission Meeting HRA and EDA Meetings Planning & Zoning Commission Meeting Human Services Commission Meeting These minutes were for informational purposes only. No Council action was required. 11. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident of the Fourth District declared his candidacy for the House of Representatives in District 52A which includes the City of Columbia Heights. He will be seeking the DFL Party endorsement. 12. ADJOURNMENT Motion by Peterson, second by Sturdevant to meeting at 9:15 p.m. Roll call: All ayes adjourn the Mayor Joseph Sturdevant Jo-Anne Student~ Council Secretary CITY COUNCIL LETTER ._ Meeting of: February 26, 1996 AGENDA SECTION: CONSEN2' ORIGINATING DEPT.: CITY MANAGER NO: ~-~ FINANCE ITEM: Administrative Agreement BY: WILLIAM ELRITE BY: Between Anoka County and Other DATE: 2/14/96 DAT Election Districts Within the County For several years Anoka County has provided significant election services to governmental units in the County. Since the elimination of the County Auditor's position and the restructuring of the administration of the County, Anoka County has chosen not to charge cities for these indirect services. Cities have paid for city ballot costs, precinct costs, and election judges. With school districts going to even-year elections and having elections combining federal, state, county, city and school district questions on the same ballot adds a new dimension to cost sharing. As a result, the County governmental services department conducted meetings with representatives from the various entities, and from those meetings has developed the attached proposed agreement for cost sharing. The contract is equitable and spreads costs equally among the entities involved. Under this contract, the County continues to pick up all of the cost items that they picked up in the past. Costs that were previously picked up by cities will now be divided between the cities and the school districts, significantly reducing some of the City's election costs when school district elections are included. In cases where school district elections are not included, the cost to the City would be the same as they have been prior to this contract. The major advantage of the contract, outside of the school district portion, is that it commits the County to continuing to provide services at no charge even though by Minnesota statutes these costs could be charged back to the cities. The proposed contract was developed based on meetings in the fall of 1995 and was sent to the City in December, 1995. The Finance Director held the contract to see what action other municipalities and school districts took. At this time virtually all of the other municipalities and school districts in the County have approved the contract. Based on this, it is the Finance Director's recommendation that the City approve this contract. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an administrative agreement between Anoka County and the municipalities, townships, school districts, hospital districts in Anoka County to allocate costs for election expenses pursuant to administrative rules promulgated under laws of 1995, Chapter 8, Section 3. WE:dh 9602143 COUNCIL ACTION: TOM DURAND Division Manager Direct #323-5700 COUNTY OF GENERAL INFORMATION: FACSIMILE MACHINE: TDD/TTY MACHINE: ANOKA Office of Elections / Voter Registration COURTHOUSE · 325 EAST MAIN STREET · ANOKA, MN 55303 (612) 323-5275 (612) 422-7526 (612) 323-5289 December 26, 1995 MEMO TO: FROM: SUBJECT: Anoka County School District, Municipal, and Hospital District Election Liaisons Tom Durand, Division Manager, Governmental Services ~ COST ALLOCATION PROCEDURES FOR ELECTION EXPENSES As you recall, earlier this year several school district and municipal election liaisons met with Anoka County election staff to determine if we could reach an administrative agreement among jurisdictions in Anoka County to allocate election costs in a manner that was different than that set forth in the Secretary of State's administrative rules. Several months ago we forwarded to you a draft of that proposed agreement for your review and comment. The basis for the proposed agreement was a general feeling that, under the Secretary of State's rules, a good deal of local government staff time would be wasted in trying to keep track of all of the costs that needed to be split up between the election jurisdictions. The approach taken in the proposed administrative agreement, which we are authorized by the Rules to establish, was to minimize the number of expenses that needed to be kept track of and split between the various parties and to simplify the process for allocating costs when they were shared. My belief is that, even though the county and municipalities will probably pay somewhat more in direct costs under this proposed agreement than they would under the rules, the savings from not having to track, document, and allocate their costs to the other jurisdictions will probably offset most of those costs. The bottom line, it seems to me, is that the taxpayers in Anoka County would save from not having to waste staff time trying to figure out which pocket to take the money out of. Your response to the proposed administrative agreement has been positive and we are now prepared to offer it to you for your formal acceptance. Enclosed are three copies for your signature. You should keep one copy and forward the other two to Gary Poser, Election Supervisor, Anoka County Courthouse, 325 E. Main Street, Anoka, MN 55303. We will return a signed copy to you when all jurisdictions have returned their copies. TD:pd Enclosure cc: Commissioner Paul McCarron Affirmative Action / Equal Opportunity Employer ADMINISTRATIVE AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES~ TOWNSHIPS, SCHOOL DISTRICTS AND HOSPITAL~DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES PURSUANT TO ADMINISTRATIVE RULES PROMULGATED UNDER LAWS OF 1995~ CHAPTER 8~ SECTION 3. 1.0 Agreement For all elections in the County of Anoka, State of Minnesota, except those conducted solely for a single municipality or school district, the county and the political subdivisions within the county who are signatories to this document voluntarily agree to the following alternative cost-sharing arrangement which provides for the assumption of duties and/or sharing of costs in a manner other than that provided in the Rules of the Secretary of State on Cost Allocation Procedures for Election Expenses. 1.1 Applicability This administrative agreement between the election officials of the above described jurisdictions is applicable for any election at which offices or questions for the following categories are voted on; Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District .Offices or Ballot Questions Category B: Municipal Offices or Ballot Questions Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions 1.2 Allocation of Costs for Precincts Using Paper Ballots When paper ballots are used at an election, each jurisdiction providing ballots at the election is responsible for the costs associated with printing the ballots and transporting them to the appropriate location. 1.3 School District Elections Conducted on the Same Day as Other Elections When a Category C office or question is included at an election which includes Category A and/or B offices or questions, the school district placing those offices or questions on the ballot shall be responsible, on a precinct-by-precinct basis, for paying 50% of the costs incurred by the municipality and described in parts 2.3, 2.4 and 2.7. Where precincts are split by one or more school district boundaries, the allocation of the school district share of the costs must be distributed among the school districts with an office or question at the election in proportion to the percentage of the total number of registered voters in the precinct who reside in each school district as of 7:00 a.m. on the day of the election. Page 2 2.0 Allocation of Election Expenses The following procedures must be followed in determining the allocation of election costs, except when a municipal or school district election is not held in conjunction with any other election, the affected municipality or school district is totally responsible for fulfilling all duties and paying all costs associated with the conduct of that election. 2.1 Ballot Preparation When optical scan voting equipment is used at an election or when a paper ballot is used utilizing an optical scan ballot format as permitted by M.S. 206.90, Subd. 3, the county auditor shall determine the number of column inches devoted to offices and questions in each of the categories provided in part 1.1. The county auditor shall determine the proportion of the ballot covered by each of these categories as a percentage of the total number of column inches devoted to offices and questions on the ballot. If no Category A offices or questions are on the ballot, it shall be the responsibility of the municipal clerk to determine the percentage. The county auditor shall pay the percentage of the cost of the ballot used for Category A. The municipal clerk shall pay the percentage of the cost of the ballot used for Category B. The school district clerk shall pay the percentage of the cost of the ballot used for Category C. The hospital district clerk shall pay the percentage of the cost of the ballot used for Category D. The cost of the ballot includes the printing, paper and normal delivery costs necessary to provide ballots in the manner required by the Minnesota election law. The cost of programming, layout and proofing will be assumed by the county for all elections in Anoka County, including separate school district and/or municipal elections, at which the electronic voting machines are used. 2.2 Preparation and Testing of Optical Scan Voting Systems The county shall assume all costs for programming and preliminary testing of ballots and ballot programs for all elections in Anoka County at which the electronic voting machines are used. The municipality shall assume all costs for the development of test decks, preliminary testing and public accuracy tests for all elections which include a Category A and/or B office or question and at which the optical scan voting machines are used. 2.3 Preparation of Polling Places When a Category A and/or B office or question is included at'an election, the municipality shall assume all costs required to set up and equip each polling place in the manner required by the Minnesota election law, except in situations where there is a charge for rental of the polling place, costs will be shared between the municipality and affected school district(s) pursuant to part '1.3. Page 3 2.4 Postage for Absentee Ballots and Applications 1) When a Category A office or question is included at an election, the county shall assume all costs for absentee ballot applications, envelopes and postage. When a municipal clerk has requested that he or she be delegated the responsibility to administer absentee voting in elections which include Category A offices or questions, the municipality shall pay all postage costs for the mailing and return of absentee ballots processed by the clerk at an election. 2) When only Category B and C offices or questions are included at an election, the municipality shall be responsible for administering the absentee ballot process within the municipality. The municipal clerk shall pay all costs for absentee ballot applications, envelopes and postage for the mailing and return of absentee ballots. The absentee ballot postage cost shall be shared between the municipality and. the school district(s) pursuant to part 1.3. 2.5 Publication of Election Notices Each jurisdiction is responsible for the publication of all election notices required by Minnesota Statutes. Where an agreement has been made to prepare and publish election notices jointly, the costs shall be allocated based on the same percentage established in part 2.1. 2.6 Transportation of Ballots and Election Supplies For all elections, except school district elections which do not occur in conjunction with any other election, the municipality shall assume the costs for picking up ballots and supplies from the Anoka County Courthouse in Anoka and transporting them to the polling place. 2.7 Salaries of Election Judges 1) When a Category A and/or B office or question is included at an election, the municipality shall establish and pay the salaries of the election judges needed for that election. 2) When a Category C office or question is included at an election along with a Category A and/or B office or question, the election judge salary cost shall be shared between the municipality and the school district(s) pursuant to part 1.3. 2.8 Compensation for Contracted Administrative Expenses Where the administrative duties of an election official are carried out on a separate contractual basis by another election official, the actual costs of administering these duties may'be billed to the jurisdiction whose duties have been assumed in an amount and in a manner which is established in the contractual agreement. Page 4 3.0 Documentation of Election Expenses Documentation of actual expenditures is required for the allocation of election expenses pursuant to this agreement. The determination of the total cost of election judges salaries must be made from an itemized list including the names of persons serving, the number of hours served, and rate of payment per hour. Invoices or billing statements are acceptable documentation for goods or services purchased from vendors. 4.0 Unforeseen or Unusual Circumstances In the event an unforeseen or unusual cost is incurred by any party to this agreement, the parties involved may reach a mutual agreement to share those costs in a manner which is acceptable to them. 5.0 Effective Date This agreement is effective for all elections occurring within Anoka County. The agreement will remain in force ,until amended by the parties to the agreement or their successors. Any signatory may withdraw from the agreement with 90 days written notice to all affected jurisdictions. X X Tom Durand, Division Manager Governmental Services Division Anoka County Name Title Jurisdiction Date Date CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER e IOWO S ITEM: AUTHORIZATION TO SEEK QUOTES FOR BY: M. Winson d/~') NO. TREEREMOVALINLABELLEPARK~,~, ~, ~,~) DATE: 2/20/96 .~~ The City Forester has reviewed the tree growth in LaBelle Park. As part of the East Bank Stabilization Program, the Forester recommends the following tree removal work be done from the old bridge foundation to 40th Avenue: 1. Remove all trees to provide a path 8' to 10' wide. Currently City vehicles cannot pass through this area to service the park. 2. Remove enough trees to daylight the area between the path and the pond (similar to what was done north of this area). 3. Remove dead trees from the area east of the path. To encourage proper tree growth and enhance the appearance of the park, the Forester recommends the following tree removal work be done along the south end of the pond: 1. Remove all dead trees. 2. Remove 25% of the remaining trees. The City Forester estimates the cost of the work will be $9,000 - $10,000. Staff proposes to use funds budgeted in 412-59008 for East Bank Erosion Control Project. RECOMMENDED MOTION: Move to authorize staff to seek quotes for tree removal in LaBelle Park. MAW:jb 96-094 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 2~, 1996 AGENDA SECTION:,j CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO:~ , CITY MANAGER ' S APPROVA~ NO: Over the past year, three members of the City staff have taken on additional duties truly above and beyond their job description. Robert Jendro, Sergeant, took on the responsibilities of the Police Captain, while Leonard Olson served as Acting Police Chief. These duties were handled by Sgt. Jendro for several months. A similar situation exists with Assistant City Engineer Kathyjean Young and Public Works Superintendent Lauren McClanahan, who jointly assumed the duties of the Public Works Director for 2 1/2 months in 1995, and are having to do the same for four or more months in 1996. In both of these cases, these employees took on the extra duties, along with the responsibility and extra hours needed to do the job without extra compensation. Based on this extraordinary completion of duties outside of their required duties, the City Council feels that these three employees should be compensated with a one time granting of ten days of compensated leave time. This leave is to be used with approval of the employee's supervisor. As this additional leave may put an employee over the allowable accrued leave as specified in City policies, this additional leave is to be considered outside of normally accrued leave, but must be used within two years. RECO/~qENDED MOTION: Move to approve ten days additional compensated leave for Robert Jendro, Kathyjean Young, and Lauren McClanahan. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 26, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'~ NO: 4 CITY MANAGER'S APPROVA/~ . ,/I ITEM: ESTABLISH WORK SESSION DATES FOR MARCH, BY: M. WINSON BY: ~~-~ NO: , The following work session dates should be established for March, March ~, 1996 8 p.m. March 18, 1996 1996: 7 p.m. to 9 p.m. Joint Meeting with Diversity Training Human Services Commission 9 p.m. to 10:30 p.m. Work Session RECOMMENDED MOTION: Move to establish March 4, 1996, at 7 P.M., and March 18, 1996, at 7 P.M. as City Council Work Session dates for March, 1996. COUNCIL ACTION: TO: ~ MARK WINSON, ACTING CITY MANAGER FROM: LOWELL DEMARS SUBJECT: RENTAL HOUSING LICENSES DATE: FEBRUARY 26, 1996 THE OWNERS OF THE FOLLOWING RENTAL PROPERTIES HAVE COMPLIED WITH THE RE-LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS HOUSING MAINTENANCE CODE. I AM REQUESTING THAT THEY BE PLACED ON THE NEXT COUNCIL AGENDA FOR APPROVAL: NIELSEN, MAYNARD 4733 UNIVERSITY 2/95--1/97 TO CITY COUNCIL FEBRUARY 26, 1996 *Signed ~aiver Form-Accompanied Application APPROVED BY BUILDING INSP. I1 II II II II 11 II II II II CONTRACTORS 1996 BUSINESS LICENSE AGENDA 'LICENSED 'AT ARI Mechanical Services Central Plumbing ~Gavic & Sons Plumbing 'Gene's ~ater & Sewer *Nova-Frost, Inc. *R.J. /4ill-iams Const. 9420 Lyndale Ave. S. 5700 Girard N. 12725 Nightingale St. N.W. 3134 California St. N.E. 1510 - 5th Ave. S. 864 - 19th Ave. S.E. FEES $ 40.00 4O.OO 40.00 4O.OO 4O.OO 40.00 POLICE DEPT. TAXICAB VE[~[CLES *North Sub. Services and Green & 14hire Taxi 1 taxi vehicle #115 75.00 BRC F'I lYAt',IC I AL.. S¥S"f'E:M 02/',:T'.2I¢6 :1. q: 53: 56 F:'UI~ID F;:EC~AF:': ? i.,qY L', DESE:R I F"T ]: ON 101 202 202 203 2:1.2 2:1.3 225 235 240 270 40:1. 411 601 602 603 609 :70:1. 7:1. 0 720 885 (3E:Nr..i:I:;:AI... COMI','IIJlqITY DIEVIEL. OI.'.'MIEI'-.IT I::UIqD ANOI<A COUNTY CDBG F'AF;~I<M:I:E:W VI.I_L.A NOR'i'H S T A"f' IE A :1: ):) M A :I: N 3" ii: I,I A N C E: F:'AF;~KV.'I.'EW VII_LA SOUTH C; A B L.. IE 'TIE I... E: V I ,c.; :t: 01-.I RIENTAI_ I-IOU,S.'1:1,1(3 L.. I B R A R Y DARIE F:'RO JI.ZCYf' CAF'I"f'AI... 3: MF'ROVEME:NT,S CAI.':']:'f'AL. II,'II."-'--.-GIEI'4 GOVT. BLDC'; CAF' IEQUI I::' F;.'E:PL. ACE: .... GARAGE: WATE:F~: t..r¥ Z L..:[ TY SIEWER UT :1: I... :1'. TY RI:::F:'U,SE: I::'UI'.ID L.. :1: C'.IEN'f'F<AL GARA, GE E:NF.i:RGY MAI-.IAG E:M r:.i: NT DATA F:'RC)CE.SS:I:NG Ei;,SCRC) W F:'L.E:X BIEI,IE:F:'IT 'f'I~UST F:UND I::'OL.:I:C:E:/F'IRE C:C)NT RESERVE TC)TAI... AL.I_ F'UI--IDS BAN K I:;~E:CAF:' BAr, Il< NAME: BANK CHECKING ACCOUNT '¥O"f'Al_ Al_l_ Check I..I i,:~ to ry i) I SBUF;:S E M E:N-f'~i.", 39,805 ,, :L5 :1. :, ,;;)37., 77 73 :, 000,00 :1.3,024 ,, 78 484,89 6, :1.75 ,, 9:1. 30.00 4:L6 ,, 76 266 .. 48 288 ,, 90 1,075.00 1, ;L95,,21 2,976 ,, 68 10,967,, 86 :L, 924.41 98,75:1.. 89 100,924 ,, 95 :1.3,028.88 10,39:L ,. 2:1. 2,869 ,. 88 206,481.46 441 ,. 06 120.00 585,679 ,, :1.:).'~; D l S B U R S E M F..i: N "1" ,S:; 585,679. :L3 585 :, 679 ,, :1.3 BRC: 1::'I NANC:tAI... SYSTEM 02/22/96 1. 4: 5 C h e c k I--I .i. s t o r y :;'.":/26/96 COUt. IC: Z I... [.':ITY OF' C':OI_UMBIA I--I[:.':ZGHTS (:-;I...54()1;:---.V04 ,, 30 F:'AGE: .1. BAI'--I K VI-ZNDOR BAN K C::HE;C K 11'.1(3 AC:C:OLtI'-.IT CHIEC:K I-ILJMBtEF~ AMOI. JhlT AI',IC) I'.'..'A I--IIEt,II'-.IE:F:' I I".1 ]"EE:H E:OL.I... AT & 'f' OOHhlSON/"I"HOMAS M F:'AF;: K SUF:'F:'I...Y ]: FIC'. F:'F;:OE:X F:'I-K:.'IT'O SYSTIEM I...I S F:'C)STMASTI.EF;,' MF'I_S W:I:hIE: IdlEF;:CHAtqTS AI"-IOKA COUI'ITY SOC]:AI_ SI.ERV DC:A ~,/47o 57477 57478 57479 ~ / 5748.1. 57482 57483 ..... 4 o4 57486 ~= '7 ¢;.'~ ''~ ":' · o. , 57488 57489 :.:', .., ,.[ .? 5749:1. 57492 57493 57494 57495 57496 57497 57499 57500 5750.1. 57503 57504 ~= "7 ""'~ °. ,.,, DL, ~= -.;.., ~= ¢ ".~ 57509 575 :I. 0 · _,; 5.1..1. 575.1.3 575:1.4 575.1.6 575].7 575:1.8 575:1.9 5752:[ 57523 120 .. O0 1.1.7.55 463.05 .1. 5 :, 940.77 56:1. ,, 60 5. :L4 :1. 27.80 8 ,, 00 309.79 6.7:;8 ,, :1. 5 42 ,, 56 73 :, 000 ,, 00 750 ,, O0 .1. 87 ,, :L .1. 2 :, 686 ,, 54 .1. "? :':; ,, 06 5,425.74 50.00 20.00 8 .,, 686 ,, 00 19 ,, ,'E~2 687 ,, 5 .1. :L, :l. 36 ,, 73 .: ...... 70 256.69 .1. 61.7:'.; 35A ,, 10 24 ,, 70 3 :, 960 ,, 35 2 :, .1. 48.. 76 I ,267.35 3 .. 496.50 3, 6r~r', O0 47:;:1.. :[2 .1. 89 ,, 00 779.7C, ..,U.:~ ,, O0 130 ,, 2;5 2, .1.49 ,, 79 ' 224.40 900 ,, 00 .l , 865 ,, 00 5,830.50 7,392.43 40.50 3'; 50 ,, 00 BRC FZNANCIAL. .SYSTEEM 02/22/96 14: 5 2/26/96 COLII'-IC'.ZL I...]Xfi;l C]:TY OF" COLUMBZA I"IIE]:GH'T,~ C':il_ 540R---V04.30 PAO.IIE 4 BAN I< VE;I'-II) 0 F;,' C:HEE; K I, ILJI"IBt.:]R AMOUht"[' BAN K Cl.-liE[i; K 11,1[.'..I ACCOUI',I'T H & I... I'"IESAB]] I"IAI::.'.F::Z8 CAI'IVAS & TARF' I'.IE I Gt'.t"Fii.~ I.:Et...E:CTR I C I hlC, ]:I,IT'I... F:'IEF;:8ONhtlEI... MGIqT ASii; :[ F:' C' F' R :1: I,IT :1: N G J l'.'~ ].'):[8'i"I:~]:BF;~I..JT]:I'IG I< MART K 0 l) A I< / IE A ii; T M A N I<YI...AI',IDE:R/HANNAH !...ADIEN ' S BUS ]:l,-Ili:"..!i.;8 MACH :1: hllE LAF~.:SOhl/CL. AY I...E:AGUF: OF:' M ]:I,II'-!Ii.":C:~CI'I"A C :[ T Z I...IEIEF' BROS. I... 01,,,I Iii: L.I... ' ~."; LOWRY CEI',ITFbAI... BOWL. E:F~S MAC QUIEEi]q E[L~U]:F:'MI:ZhlT CC.i. MASY8 C'.ORF:'. MIEDTOX I...ABOI~,'ATOF:C[F:,S, :[hlC · ~. " 1,'," '~('~ I II..I, ~d",I,,, - CO0t'I I:;~AF:' ]: DS MIEI'IAF;").')S CASHI.:,IAY L. UMBE:F;~ I"lL:i:l,h':-~d:~I)8 CASHWAY I...UMBIEF~:-F' M :1: DI.:,II!.:.,~!Ft'' ]:'.'~I...IS ]: I'lli.:.i!;S F:'F;:O):)i...IC'I" M ]: NAF;,' I::'OI:;,'D M It'It'IIEAF:'OI_ :1:8 HliEAI...'I"H DtEF:'AF;,' M :1: I,INI:'!:APOI... I ,c.) SAW CO. M :[ N N E [3 A:.:S C'.O M]:I'II',II"!:SO'I"A MAYOF;,'S A,~!;SN, M I I'II'IIZSO'I'¥:~ F:'L. AYGF~:C~UI'-ID :II,lC'. I"11',1 i)E:I":"/" OF:' F:'LJBI...IC SAF:'I:ZTY MI'I STF;,'I'ZIET SI..JF:'T, ASSOC. MN UF;,'BAN '/"F;~AF:'F:']:C EhlG COL.I MO]:)IEF;~I'I B ]:lq M 0 0 R [E M E: D I C A L. C 017 F:' I'1 ,~i; F' I'IOt:;,"I"HEF;~I'I A I I:;,'Ch'~,,c.'; F:'AM OZI... ZNC F' Ii!: TEE R 8 0 N / I:;~ A I'1D F.': F'E:TTY CASH - JIM BE'FTIEND I::'Ot,,JE:F;~ I'.":F;,'AKE & IEQL.IIF'ME:I',IT F:'F;~OEX F'HO'TO 8Y,~;TIEM I':'RYOF:.: RE:SOURCI'ZS :, l NC R O' MZI...L.IE']R PI..UMB]:I'IG & HIE F;:AF'ID [.".'iRAF:'HIC8 &MAIL. IhlG F~:IE]:I'II(IE WHOL.E'".SAL. IE SI. JF:'I':'I_Y RIEL. I ABI...E: F;,'ACI hlE'] 8UF:'F:'L.Y I RO!L~E:DAI_IE CHIEV F;,'[:)'I"O'"' R 00'I"E:t:;: 57736 208.93 57737 108 ,, 63 57738 1. 094.7:1. 577719 100., 00 57740 126. ~.~2 5774:1. 84 ,, 43 57742 47.22 57743 700 ,, 00 57744 39.28 57745 223.65 57746 175.00 57747 7:1.2 ,, 94 57748 48.05 57749 :1.76 ,, 99 57750 54 ,, 26 57751 69.45 57752 82 :L. 78 57753 57 ,. 00 57754 6.16 57755 .1.68.62 57756 36,85 57757 .1. 4 ,, 80 57758 78.32 57759 40 ,, 00 57760 :L 5 ,, 17 5776 .1. :1. 8,857.78 57762 20 ,, 00 57763 2 :, 693 ,, 98 57764 80.00 57765 50 ,, 00 57766 54.00 57767 454.90 57768 10 ,, ~0 57769 :'.i ,., :1. ()2 ,, 96 57770 14.08 5777.1. 83:1. ,, 87 57772 90.00 57773 38 ,, 20 57774 93.59 57775 27 ,, 90 57776 89.00 57777 196 ,, 20 57778 355.17 57779 4:1. ,, 40 57780 1,865 ,, 00 5778.1. 5:1. ,, 50 57782 66 ,, 00 BF;.'C I--.I.N,.-,NL~.[~-.,I... 02.'/22.'/96 14: 5 C he c I,:. History 2./26/96 COLtlqC'. :1: L.. t... Z S'T' CITY 01= COI_LJMBZA HIEIGH-1",<3 Gl._ 540R--V04.30 PAGI.:_' 5 B AI',t I<.' VF: hid 0 F,' CHECK I',II...II~E E.I*.,' AMOUI'-IT BAN K CI..llii:C K :I:I',IG AC'.COI. JN'i" SAINT MARYS UNIVE:RSITY E;IEAI:;,':3COMMLERC 1: Al_. CRL-E:D Z T E; E: F;..'C 0 LABS .'.'30 F:"T W A R I::: 'I"A .1: L 0 R-':3 ST JOSE:PH'.E.:; E:QLJIF:'ME:t,IT · E~TAI"-! ' S DOC)F;,' .SE:F;:V]:CF_': ZI'IC STATE: OF:' ht:I:I'II,IE:-E;C)TA BO01'(S -'.'i.Y¥'F;,'E :1: CHEF;,' C-}t. JI"-I ' S ~ I'-tC/DC)N '.ii;YS'T'IEMS SI. JF:'F'L.Y :I:I".IC. U S F:'C)STMASTEiF;: UFI ]: F:C)F;:MS UNL. T. M ]: 'T'E:D ]:t'IC'. ,. 77~:>,.~ 100. O0 ~ - -~(-,. ,, 7 / ,:,4 114 ,, 06 :.',/7~,, 1 50 ,, O0 57786 960 ,, 64 ,.7;C7 ,, 50 60 '~-z'7,:.~<. 50 4- .'.':'~ 57790 97q. ,, 2.0 ,//-, ,:'. .1. :, :LO9 ,. ,_'::""o ..,/,' ';' ,.: 866 ,, 88 S'2' 794 :L 10 ,, 76 - ,'; ?' ,. ,:;2 0~': o/, :.~ ,.':~ 6,. 84 ~: --,---,,---,---~ c: ~., ~:: 39 57798 728 ,, 86 ..... 2' ~' ':-' 42.74 !57800 181 .. 50 ,:, / oO t 97 :, 188. Ei 4 ..... :.-~ ~-~ ,'.:. 38 67 ,57803 ~: ~",0, '?r-, )3RC'. F:' I NANC ]iAI... SYSTEM Check History 2/26/96 COLJIqC]~I... LIS'1.' C.'['1.'Y OF'" C, CII...LIMB]h':~ I.-II~]~GHT,t~ GL540R--V04,7;0 PAGIE 2 B A N K VtE N D 0 F;,' CHE:C:K NUMBE:I'7 AMOLJN-I" BAN I< CHIEC'.K liNG AC..CCIUIq'¥' M 1' I'II',IE%-:;OTA MI..J"I"UAI... L 1' F'E MN ,t~'I"A'T'I-'_-7 I:'dET.'[ I";,'EME~.I'-IT I',IOF;,'"I"I-.IEAS"I" ,S'T'A'/"IE BAI'-II< I'-IOI:;,'WI-ZS'¥ BAI',II< ....I'~'A'I"I7OI...I_ A F:'IEF;,:A .... D, EF:' :F. NED COI'-.t'I"F;,' I BI.J'T' I::'IERA .... F' I F;,'IE I:;,'EL.]: FZF:' F:'IEF;,'A I... I F:'IE .'[ I'-.ISI...IF;:AI'.ICI.Z F:'IERA F:'OI... I C:E~ F;.'.EL. I EF:' CONSO F'RU]:)ENT ~[ AL.. L.. I F:'IE ]:Iq~i:';LtRANC F;,'AMSDEI...L.. SC~HOI...AF~,"i!;H]:F:' F:'L.IN · STAI"ti')ARD ]:I'ISUF~AI',IC.'.IE COI~IF:'A S'T'A'1.'E: CAF:']:'T'OI... CF;,'EDIT UI',I].' I...11,!:[ ON 49 UI'.I I TE.T) WAY BIEI...L..BOY BAR ,SUF'I::'L..Y BIEt...I...BOY C 0 FU::'O F;,'A T ]~ 01'.1 DEI_Ei]GAFL'D '1.'OOL CO, DLJGDALIE/MARY lEA.ST ,t";I I)IE BEVE]:;,'AGF_:[ CO F:' U IE F;,' .'.' !; T ,-" B IR Y 0 N GEiNLI]iNE F:'A!:;,'T(~i;/NAF:'A AUTO GF;,' I GG.'.'~.~'"'[7.[]OF:'E]7 & CO JOHN,SON BF;,'OS .. I... I(OWAI... I I"IACTA i'I C.'. G IE IE / M :[ C'- H A IE I... M I I'II',IE%SO'/"A W I NE[};F;,'OWF_:]:;,'S CO M ]: I'1'1'' IE F;,'"" W lie :[ S M J'::, I' lie L.. S 0 N/' I""' A "1" F;,' t C I< N OF;,'D Q LJ I S T/Gl... 0 R I A OL..YNY K,-"PAT F:'AR T'~ I"'I_US I::'Ii~]::',t:.;t-'COL. A-7 UP F:'IE"I"TY CASH - [?..ARY BRAATE t'~'HIL. 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':':~., -:"'"'":', ...- ,..-, ,.,':: 180 ,, 00 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers DonaldG. Jolly FebrLlary 14, 1996 Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Robert Jendro PanSckHentges 966 40th Avenue N.E. Columbia Heights, Mn. 55421 Dear Bob: Congratulations on your retirement from the Columbia Heights Police Department. Your record of thirty-two years of service with the Department is one of which you can be very proud. At the February 26, 1996 Council Meeting, the Council would like to recognize your distinguished service with the presentation of a plaque. The Council Meeting starts at 7:00 p.m. and the presentation will be made shortly after the Meeting is called to order. You are welcome and encouraged to invite members of your family and any other people you would like to attend. Thanking you again for your long term commitment, I am, ./T~~~Sincerely ,~~. ayor Joseph Sturdevant cc: Chief Johnson JSS/jds "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmember.~ DonaldG. Jolly February 14, 1996 Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Robert Davidson PatrickHentges 4609 Polk Street N.E. Columbia Heights, Mn. 55421 Dear Bob: Congratulations on your retirement from the Volunteer Division of the Columbia Heights Fire Department. Your record of twenty-one years of service with the Department is one of which you can be very proud. At the February 26, 1996 Council Meeting, the Council would like to recognize your distinguished service with the presentation of a plaque. The Council Meeting starts at 7:00 p.m. and the presentation will be made shortly after the Meeting is called to order. You are welcome and encouraged to invite members of your family and any other people you would like to attend. Thanking you again for your long term commitment, I am, or Joseph Sturdevant cc: Chief Kewatt JSS/jds "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL lETTER Meeting of : FEBRUARY 26, 1996 .AGENDA SECTION:.PUBLIC HEARING ORIGINATING DEPT.: CITY MANAGER NO:'.~, CITY MANAGER'S APPROVAL SECOND READING OF ORDINANCE 1315 ITEM: ORDINANCE TO VACATE ALLEY BY: MARK WINSON BY: This is to complete an earlier vacation of an east-west alley in Block 54 of Colulmbia Heights Annex to Minneapolis. T~he triangle portion of the platted alley which is adjacent to Lot 20, should be vacated so that this land can be used for the intended approved parking. The Public Works Department has looked at the alley and has no objections to it being vacated. This is the second reading of Ordinance No. 1315, the first reading was held on iFebruary 12, 1996. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1315, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1315, an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating the triangle portion of the platted alley which is adjacent to the South-East corner of Lot 20, Block 54, Columbia Heights Annex to Minneapolis. COUNCIL ACTION: ORDINANCE NO. 1315 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City cf Columbia Heights herewith vacates the public alley ovei~ across, and under the following described property, to wit: That portion of the alley adjacent to Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 60 feet south of the Northeast corner of said Lot 20, a distance of 10 feet south, thence at right angle west for a distance of 10 feet, thence northeasterly to the point of beginning and there terminating, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This above described vacated portion of the alley will be added to the adjacent portion of Lot 20. Section 3: This Ordinance shall be in full force and effect from and after thirty {30) days after its passage. First Reading: February 12, 1996 Second Reading: February 26, 1996 Date of Passage: March 27, 1996 Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor legal\alytriva.ord COL UMBIA Al / HIGHWAY r$UMMIT CITY CQ'UNC.IL LETTER Meeting of · FEBRUARY 26, 1996 AGENDA SECTION: PUBLIC HEA, RINGS ~' ORIGINATING DEPT.: CITY MANAGER NO:~:D C I TY MANAGER' S APPROVAL sEcOND READING OF ORDINANCE ITEM: ORDINANCE TO VACATE STREET BY: MARK WINSON BY: ,NO: . , , DATE: FEBRUARY 20, 1996 The City of Columbia Heights has been asked to vacate the unopened portion of California street located between 38th Avenue N.E. and 39th Avenue N.E. The property located at 81 38th Avenue N.E. is currently vacant and the business interested in purchasing the property will need the adjacent vacated portion of the streetfor parking of Company Trucks. The Public Works Director has no objection to the street being vacated. This is the second reading of Ordinance No. 1316, the first reading was held on February 12, 1996. iRECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1316, there 'being ample copies available to the public. :RECOMMENDED MOTION: Move to adopt Ordinance No, 1316, an Ordinance Amending Ordinance No, 853 City Code of 1977, Vacating the unopened portion of California Street located between 38th Avenue N,E. and 39th Avenue N.E. COUNCIL ACTION: le~l~Jane.g\s~rvacat,l~r ORDINANCE NO. 1316 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: That portion of California Street adjacent to the East line of Lots 1 thru 15, Block 79, Columbia Heights Annex to Minneapolis, and adjacent to the West line of Lots 15 thru 30, Block 100, Columbia Heights Annex to Minneapolis, Anoka County; Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the sixty (60) feet vacated street right-of- way will be added to the above described lots that are adjacent to said street. Section 3: This Ordinance shall be in full force and effect from and after thirty {30) days after its passage. First Reading: February 12, 1996 Second Reading: February 26, 1996 Date of Passage: March 27, 1996 Offered By:. Seconded By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor C~TY OF COLUI~B~A HEIGHTS Meeting of: February 26, 1996 AGENDA SECTION: PUBLIC 'H~GS oR~INATIN, DE:PT,: CITY MANAGER .~. Community Development ,APPROVAL ITEM: Fir~st reading of Ordinances 1317- iB¥: Tina Goodroa~ 1321 DANTE: Feb. 21, 199~ Attached please find the Sale and Development Agreement for: 4S01 Taylor Street N.E. 4549 Taylor Street 4555 Taylor Stre,et 45~0 Fillmore Str~,et 1221 40th Avenue by and between the City of Columbia Heights and Twin Cities Habitat for Humanity. I;n this agreement it is stated that t'he developer (Habitat) is responsible to ibegin construuti°n on 3 homes i~n 199,6 with completion within 6-12 months of the starting ,date, ,and the remainingtwo homes must have construction that begins in 1997 and completed within 12 months of the starting date. They will purchase each lot for $1.00. RECOMMENDED MOTION ~1: Move to waive the first reading of Ordinances, there being ample copies ;available. RECOMMENDED MOTION #2: Move to schedule a second reading of Ordinance 1317, 1318, 1319, 1320,, and 1321 for March 11, 1996 ,at approximately 7:15 p.m. COUNCIL ACTION: bt'\,council.for ORDINANCE NO. 1317 BEINGANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4501 TAYLOR STREET N.E. The city of Columbia Heights does ordain: Section 1: The city of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot Sixteen (16) and the South One-Half (1/2) 'of Lot Seventeen-(17), in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 36-30-24-31-0003. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1318 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4549 TAYLOR STREET N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Ail of Lot 28 and the South One-Half (1/2) of Lot 29, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0108. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1319 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4555 TAYLOR STREET N.E. The.City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 29 except the South One-Half (1/2) of Lot 30, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0116. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 3320 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4550 FILLMORE STREET N.E. The city of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 2 except the North One-Half (1/2) thereof and all of Lot 3, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0124. Section 2: The Mayor and city Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: February 26, 1996. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin ORDINANCE NO. 1321 BEINGANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 1221 40TH AVENUE N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: That part of Lot 66 and 67, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 67; thence east along the south line of said Lot 67 a distance of 47 feet; thence north at a right angle to said south line, and extending to the north line of said Lot 66; thence west along the north line of said Lot 66 a distance of 47 feet; thenCe south to the point of beginning. (Being also known as Lot 3, Auditor's Subdivision No. 26; and Lot 2, except the east 50.08 feet thereof, Auditor's Subdivision No. 26, Anoka County, Minnesota.) together with all hereditaments and appurtenances belonging thereto. PIN 25-30-24-33-0125 Section 2: Section 3: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. This Ordinance shall be in,~f~ll force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: February 26,-1996. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin DRAFT 2-21-96 S~LE & DEVELOPMENT AGREEMENT RELATING TO 4501 Taylor Street N.E. 4549 Taylor Street N.E. 4555 Taylor Street N.E. 4550 Fillmore Street N.E. 1221 - 40th Avenue BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND TWIN CITIES HABITAT FOR HUMANITY SALE & DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of . , 1996, by and between the City of Columbia Heights, (hereinafter called the "City"), and Twin Cities Habitat for Humanity (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Pro~ect. Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property single family homes. Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the conveyance of the lots to Developer. For those properties located at 4501 and 4555 Taylor Street N.E., Developer shall incorporate into its plans a design for small attached double car garages. It is Developer's intent to utilize a variety of house designs for the homes to be built as per this Agreement. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $1.00. The sale and transfer of the property subject hereto shall be by Quit Claim Deed, with a memorial on said deed evidencing this Agreement, and made contingent upqn Council approval of an ordinance authorizing the actual land transfer. Developer shall begin construction on a minimum of three homes in 1996, with each of these three homes to be completed within twelve (12) months from the begining of its construction. Developer shall begin construction on the remaining two homes in 1997, with each of these two homes to be completed within twelve (12) months from the begining of its construction. Section 3. Developer's Representations. Developer hereby represents, warrants and covenants to the City that: 3.01. Compliance. Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. 3.02. Home Program Requirements. Developer will sell two of the properties, located at 4501 Taylor Street NE and 4555 Taylor Street NE, to families whose incomes fall within the HOME program guidelines. Section 4. Developer's Undertakings. 4.01 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family homes on the Property. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plans and front elevations of the homes proposed to be constructed on the Property. Said pre-approval must be obtained prior to the conveyance of the lots to Developer. 4.03. Fees and Charges. Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the Property. Upon conveyance of the property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. Section 5. City's Undertakings. 5.01. Existing Improvements. The City will be responsible for removing any existing structure, foundation and debris from the Property and will assure that water and sewer services are stubbed to the boulevard at no cost to Developer. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the non-defaulting party may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; Section 7. Notices. Ail notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to~'the parties at the following addresses: city City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 With copy to: Barna, Guzy & Steffen Attn: James D. Hoeft 200 Coon Rapids Blvd., Suite 400 Minneapolis, MN 55433 Developer Twin cities Habitat for Humanity 3001 Fourth Street S.E. Minneapolis, MN 55414 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed by their duly authorized officers effective the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor By: Mark Winson its: Acting City Manager TWIN CITIES HABITAT FOR HUMANITY By: Its: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Joseph Sturdevant named in the foregoing instrument, the Mayor of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Mark Winson named in the foregoing instrument, the Acting City Manager of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the of Twin Cities Habitat for Humanity, a , on behalf of the Twin Cities Habitat for Humanity, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) On this day of . , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the of Twin Cities Habitat for Humanity, a , on behalf of the~Twin' Cities Habitat for Humanity, and that this instrument was signed as his free act and deed. Notary Public g: \m~nic\jdh\devk! ! .hab EXHIBIT A Property Identification Numbers: 36-30-24-31-0003 25-30-24-33-0108 25-30-24-33-0116 25-30-24-33-0124 25-30-24-33-0125 CITY COUNCIL LETTER Meeting of: February 26, 1996 AGENDA SECTION: ITEMs FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S N°: 7 RESOLUTIONS , , ciTY MANAGER' S APPROVAL ITEM: RESOLUTION APPROVING ALLOCATION OF BY:LINDA L. MAGEE ~/x BYTE~~--: NO ! ,,"~, ,. ,, Attached is a resolution which approves allocation of damages and authorizes payment in the cases of Starks v. Minneapolis Police Recruitment System and Fields v. Minneapolis Police Recruitment System, of which the City of Columbia Heights was a defendant. In its order of November 6, 1995, the court determined that the defendant cities are obligated to pay: $156,688 in damages for lost wages and emotional distress; $8,500 to each of the two plaintiffs for punitive damages; and A yet to be determined amount for plaintiff's costs, disbursements and attorney's fees (although the media has reported this to be $400,000, it could be higher or lower.) The MPRS has proposed the damages to be allocated among the 36 city defendants as follows: 20% of damage divided equally among the 36 City defendants; 80% of damages divided pro rata on the basis of population served by the cities' police departments as of the time the actions were commenced in January of 1993. Based on this allocation and assuming the total damages are $500,000-$600,000, the City of Columbia Heights' share, is estimated to be $12,300-$14,800. Staff recommends adoption of the resolution. REC0~IENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 96- 27 , Resolution Approving Allocation of Damages and Authorizing Payment Thereof for the City's Share of Final Judgement of Expenses for Damages, Penalties, Costs, Disbursements, and Attorneys' Fees Relative to the Starks v. MPRS and Fields v. MPRS Lawsuit. COUNCIL ACTION: RESOLUTION 96- 2 7 RESOLUTION APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section 1. Background. 1.1 The City of Columbia Heights (hereinafter referred to as the "City") is a defendant in the cases of Starks v. Minneapolis Police Recruitment System, et. al.; Heunepin County District Court File No. EM93-219, and Fields v. Minnesota Police Recruitment System, et. al.; District Court File No. EM93-218. 1.2 The Court has concluded in said actions that the defendants violated Minnesota Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration of the Minnesota Police Recruitment System (MPRS) testing process for entry level police officers employment screening and that defendants are obligated to pay certain damages and penalties. 1.3 In its order dated November 6, 1995, the Court determined that the defendant cities are obligated to pay $156,688 in damages for lost wages and emotional distress. 1.4 The Court has also determined that the MPRS, a joint powers organization of which the City is a member, or was a member at the time the actions were commenced, is obligated to pay each of the two plaintiffs punitive damages in the amount of $8,500. 1.5 The Court has not yet made a determination as to the award of plaintiffs' costs, disbursements, and attorneys' fees. 1.6 The Court also determined that the unlawful discrimination by the defendants can reasonably be remedied in part by paying a statutory penalty in the amount of $300,000 to the state of Minnesota, or in lieu of such penalty establishing a reasonable minority race hiring commitment satisfactory to the Court. In the event a hiring commitment is submitted to the Court which is found to be satisfactory, it may be that the payment of a statutory penalty will not be required. 1.7 The MPRS has proposed that the payment of monetary damages to the plaintiffs described above in paragraph 1.3, punitive damages described above in paragraph 1.4 and plaintiffs' costs, disbursements and attorneys' fees be allocated among the parties on the following basis: 20% of such costs would be divided equally among the 36 city defendants. 80% of such damages would be divided pro rata on the basis of the population served by the cities police departments as of the time the actions were commenced in January of 1993. Such population would be determined on the basis of Metropolitan Council estimates for cities in the metropolitan area. For communities outside of the metropolitan area the population would be determined by the State Demographer's estimates. For communities with service contracts under which police service is provided to other municipalities, the populations of such other municipalities would be included in the computation of population served. Section 2. Findings. 2.1 It is in the best interest of the City to reach mutual agreement on the allocation of damages. 2.2 The allocation proposed by the MPRS is found to be fair and reasonable, and consent thereto is in the best interest of the City. Section 3. Approvals and Authorizations. 3.1 The allocation for payment of damages, penalties, costs, disbursements and attorneys' fees described above is hereby approved. 3.2 The City consents and agrees to payment of its share of such damages, penalties, costs, disbursements and attorneys' fees in accordance with the allocation formula described above. 3.3 The City Manager is authorized and directed to make payment for the City's share of final judgment of such expenses in accordance with the agreed upon allocation. 3.4 This resolution does not amend any previous agreement among the defendant cities for allocation of defense costs and defendants' attorneys fees; and nothing herein shall be deemed to be an agreement as to allocation of any statutory penalties which may be awarded in the future. 3.5 This resolution constitutes only an agreement between and among all cities which are defendants in the above-referenced actions which consent and agree to the allocation formula described above by adoption of substantially similar resolutions. Nothing herein shall be deemed an admission of responsibility or a liability in any action for contribution by any city which has not consented to such allocation or a waiver by the City of any rights, claims, demands, or causes of action for contribution by the City against any city which has not agreed to such allocation. Adopted by the City Council of the City of Columbia Heights, this 26th day of February, 1996. Passed this __ day of ,1996. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: February 26, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER'S RESOLUTIONS/ORDINANCES CITY MANAGER'S APPROVAL NO: 7 ITEM: RESOLUTION ADOPTING A STREET BY: M. WINSON BY: REHABILITATI ON PROGRAM ----'DATE: 2-22-96 DAT Forseveral years, the City Council and staff have worked to develop a program under which the City's streets could be improved and maintained in a systematic fashion while recognizing that the assessments for street improvements can become a serious financial burden to the residents affected. Through the process of developing a program, the following facts have become evident: - A majority of streets controlled and maintained by the City are at least thirty years old. - Although the City has used a well planned program ofmaintenance, including patching and sealcoating, many streets are currently in need of at least an overlay to maintain their structural integrity. - A well constructed asphalt street can be expected to last ten years without any maintenance. Proper maintenance, crack filling, and sealcoating can extend the life to twenty years. If a street is overlaid at approximately twenty year intervals, the overall life of the pavement can be extended to one hundred years. - It is less expensive to overlay a street at twenty year intervals to extend the life, than to reconstruct the street after it fails. - The City's current policy of assessing the benefitting properties for the entire cost of street improvements has resulted in the abandonment of several proposed projects due to the heavy financial burden it places on property owners. - Over the last several years, the City has built up, through the use of liquor operation profits, an Infrastructure Fund to offset a portion of the cost of street improvements. - The current condition of local streets makes it difficult for City crews to properly maintain one quarter of the City a year under the current maintenance schedule, and that reducing the size of the area to be prepared for sealcoating will result in better preparation. Based on these facts, the City Council and staff have developed a proposed Street Rehabilitation Program comprised of seven street maintenance zones and a program to annually evaluate the streets in the zone scheduled for sealcoating to determine which streets are in need of rehabilitation in the form of overlays or reconstruction. Based on this evaluation, certain streets will be considered for rehabilitation with a portion of the costs assessed to the benefitting properties. The Infrastructure Fund will be utilized to reduce the overall assessments. The attached resolution lays out the basis framework of the program. RECOMb~NDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMmeNDED MOTION: Move to adopt Resolution 96- 28, Being a Resolution Adopting a Street Rehabilitation Program. COUNCIL ACTION: RESOLUTION 96-28 RESOLUTION ADOPTING A STREET REHABILITATION PROGRAM WHEREAS, most of the streets controlled a~d maintained by the City of Columbia Heights are thirty or more years old; and, WHEREAS, it is recognized that a systematic program of surface maintenance, including patching, crack filling, and seal coating can extend the life of asphalt pavements; and WHEREAS, it is recognized that, even with a systematic program of maintenance, it becomes necessary to rehabilitate asphalt pavements in order to preserve the original investment in the construction of a street; and, WHEREAS, it is City policy that the General Fund will be used for city-wide street maintenance such as pothole patching, street sweeping, and snow removal, and that specific maintenance and capital improvements such as seal coating, curb and gutter replacement, sidewalks, and rehabilitation will be paid for by the property owners benefitted; and, WHEREAS, the City Council recognizes that the current policies with regard to maintenance and assessments have not been conducive to a systematic program of street rehabilitation that will preserve the investment made in the street system. NOW, THEREFORE, BE IT RESOLVED: That in order to preserve the investment in the street system, the following practices will be followed: The City will be divided into seven zones for the purpose of maintenance and seal coating which allows for more efficient patching and crack filling of the street surface in preparation for seal coating. The City Engineering staff will review the streets in each zone to be seal coated to determine which streets would benefit from rehabilitation, and recommend to the City Council, in the form of a feasibility report, the appropriate type of rehabilitation for streets in need of rehabilitation, and determine a maximum assessment rate based on the type of rehabilitation and the availability of City funds that can be applied.to start rehabilitation. The City Council will review these recommendations, and as appropriate, order improvement hearings to provide testimony from those property owners affected by the proposed street rehabilitation projects. When appropriate, the City Council will set a maximum assessment rate based on the type of rehabilitation, and availability of City funds for street rehabilitation, and order the improvements, with those costs not covered by the assessment being paid for out of the Infrastructure Fund. The City Council will annually review the balance of the Infrastructure Fund, and as appropriate, transfer available funds to the Infrastructure Fund to keep it solvent. Passed this __, day of 1996. Offered by: Seconded by: Roll Call: Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION: ITEMS F~OR CONSIDERATIOI~ ORIGINATING DEPARTMEI~IT: CITY MANAGER NO. 7 BID- C-ONSIDERATIONS PUBLIC WORKS /~ A"~~ ITEM: AWARD OF RoAD AGGRBC~TES - BY: M. Winson BY: NO. DATE: 2/20/96 D The City Council authorized seeking bids for road aggregates on January 8, 1996. The City advertised for formal bids and held a bid opening on February 15, 1996, at 10:00 A.M. Six bids were received and a copy of the bid tabulation is attached. The bid is for an annual contract on a unit price basis. Picked up prices are adjusted to indicate our total cost to obtain the material as was indicated in the specifications. The adjustment comes into play when labor and operating costs to haul the material are calculated on top of the picked up bid price. Staff is recommending award to the low bidder for each bid (type of material). RECOMMENDED MOTION: Move to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase road aggregate materials for the 1996 season based upon low formal bids received, at the unit prices and from the vendors as follows: MATERIAL Bid A - FA-3 Aggregate Bid B - FA-2 Aggregate Bid C - Sanding Sand Bid D - Class 2 Aggregate Bid E - Class 5 Aggregate Bid F - Alternate Class 5 Aggregate Bid G - Select Granular Borrow Bid H - Crushed Rock COMPANY UNIT PRICE Hassan Sand & Gravel $ 9.50 per ton - delivered Midwest Asphalt $12.50 per ton - picked up J. L. Shiely $ 7.92 per ton - delivered J. L. Stfiely $ 9.92 per ton - picked up Hassan Sand & Gravel $ 4.75 per ton - delivered J. L. Shiely Co. $ 5.17 per ton - picked up J. L. Shiely Co. $10.09 per ton - delivered Barton Sand & Gravel $12.50 per ton - picked up J. L. Shiely Co. $ 6.34 per ton - delivered J. L. Shiely Co. $ 4.97 per ton - picked up Midwest Asphalt $ 5.65 per ton - delivered Midwest Asphalt $ 4.25 per ton - picked up Hasson Sand & Gravel $ 4.50 per ton - delivered J. L. Shiely $ 2.77 per ton - picked up J. L. Shiely Co. $ 9.79 per ton - delivered J. L. Shiely Co. $ 8.42 per ton - picked up MAW:Jb 96-092 COUNCIL ACTION: W © o o 0 o .>_ 0 0 rn m CITY COUNCIL LETTER Meeting of : 26 February, 1996 ~OEN~ SECTIO~!.'---~ITEMS FORCONSIDERATIONo~I~ZNATING ~.: CITY NO: '7 ~ BID CONSIDERATIONS Recreation AP~ROVAL~ ITE~: Authorization to purchase athletic BY: John Herbert BY: equipment. , ~~ NO: ~ - Staff seeks authorization to purchase athletic equipment from Sports Supply Group at a total cost of $4,368.50 based upon their low, responsible bid, with $727.20 to be appropriated from line item 101-45003-2170 and $3,641.30 appropriated from line item 881-45001-2170. Bids received by the recreation department are listed below. 1. Sports Supply Group ......... ....................... $4,368.50 2. Metro Athletic Supply .............................. $6,189.25 3. Greg Larson Sports ................................. $6,044.46* Sum does not include some items bid upon by other vendors. RECOI4~E~-DED MOTION: Move to authorize staff to purchase athletic eq%lipment ~from Sports Supply Group. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : 26 February, 1996 AGENDA sEcT'Zo~--.:i BID CONSIDERATIONS - - ~ - ORISINATING DEPT.: CITY I~ANAGER ITEM: Authorization to purchase t-shirts BY: John Herbert BY: and baseball caps. ) 7, ~ ~ DATE: 20 February, 1996 NO: Staff seeks authorization to purchase 1,560 t-shirts and 780 baseball caps from MECA SPORTSWEAR, Inc., at a total cost of $8,888.95 based upon their low, responsible bid, with $7,952.95 appropriated from line item 881-45001-2170, and $936.00 appropriated from line item 101-45001-4375. Conforming bids received by the recreation department are listed below. 2. 3. 4. 5. 6. MECA SPORTSWEAR .................................... $8,888 95 Sporting Goods Inc ................................. $9,327 50 Saturn Sportswear .................................. $9,432 90 Power Tex .......................................... $9,507 00 Campbell Sports .................................... $9,677 94 Metro Athletic Supply .............................. $9,865 40 RECOMMENDED MOTION: Move to authorize staff to purchase t-shirts and baseball caps from MECA SPORTSWEAR. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION: NO. ITEMS FOR COI~S~I)]~Li~i~0N ORIGINATING DEPARTMENT: BID CONSIDERATIONS PUBLIC WORKS DATE: 2/20/96 ITEM: NO. REJECTION OF ASPHALTIC MATERIAL CITY MANAGER BY: DA The City Council authorized staff to seek bids for asphaltic materials on January 8, 1996. Bids were to be opened on February 15, 1996. At the time of the bid opening, one bid was received. The second bid arrived after the 9:00 a.m. bid opening. Specifications called for SS-1 Emulsion. Koch Materials Corp. bid CSS-1 Emulsion. Staff is proposing to call for price quotes on an as- needed basis for the 1996 season. RECOMMENDED MOTION: Move to reject the bid as it did not meet specifications for the 1996 Asphaltic Materials. MAW:jb 96-093 COUNCIL ACTION: Z n 0 CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION. ITEMS FOR CO~NSIDERATION ORIGINATING DEPARTMENT: C NO. ITEM: AWARD OF PLANT MIXED BY: M. Winson NO. BITLrMINOUS MATERIALS The City Council authorized seeking bids for the 1996 Plant Mixed Bituminous Materials January 8, 1996. The City advertised and received bids on February 15, 1996, at 9:30 P.M. The City received 4 bids. A copy of the bid tab is attached. The City asked for bids either delivered or picked up. The picked up bid was adjusted for mileage, as indicated in the specifications, to reflect the City's total cost. RECOMMENDED MOTION: Move to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1996 Plant Mixed Bituminous Materials based upon low formal bids received at the unit prices and from the vendors as follows: MATERIALS AC Fine Sand Mix COMPANY UNIT PRICE Bituminous Roadways $25.25 per ton - delivered Bituminous Roadways $18.25 per ton - picked up 3/8 AC Fine - Max. Agg. Bituminous Roadways $25.25 per ton - delivered Bituminous Roadways $18.25 per ton - picked up 2331 Type 3lB Base 2331 Type 4lB Binder 2331 - Type 4lB Wear 2331 - Type 4lA Wear Bituminous Roadways $24.00 per ton - delivered Bituminous Roadways $17.00 per ton - picked up Bituminous Roadways $24.00 per ton - delivered Bituminous Roadways $17.00 per ton ~ picked up Bituminous Roadways $25.00 per ton - delivered Bituminous Roadways $18.00 per ton - picked up Bituminous Roadways $25.00 per ton - delivered Bituminous Roadways $18.00 per ton - picked up Winter Mix Bituminous Roadways $50.00 per ton- delivered Bituminous Roadways $44.00 per ton - picked up COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AWARD OF PLANT MIXED BY: M. Winson BY: NO. BITUMINOUS MATERIALS DATE: 2/20/96 DATE: Page 2 - Continued DISPOSAL OF CONCRETE/ASPHALT RUBBLE MATERIALS COMPANY Bitum/nous Concrete with steel Concrete without steel Bituminous Roadways Bituminous Roadways Midwest Asphalt Midwest Asphalt Tower Asphalt Midwest Asphalt UNIT PRICE $ 4.00 per ton - picked up by Company No charge - delivered by City forces $10.00 per ton - picked up by Company $ 3.00 per ton - delivered by City forces $ 5.90 per ton - picked up by Company $1.00 per ton - delivered by City forces MAW:jb 96-091 COUNCIL ACTION: W BID TAB -RUBB LE --���=�:141-�� BID OPENING: FEBRUARY 15, 1996, 9:30 A.M. .. . . . BIDDER - COMMERCIAL ASPHALT CO. . ----.... -,.. BITUMINOUS ROADWAYS, INC. .. -·ï¿½ -- MIDWEST ASPHALT CO. .. . -.. � .. TOWER ASPHALT .. . , ',. . . - -. .. - . __.._ -. � . BID SECURrr· � BOND - BOND - BOND l i.ac � NONE . PICKED UP BY COMP ANY DELIVERED BY CITY CREW ADJUSTED .•. -. - -- -. PICKED UP BY COMP ANY DELIVERED BY CITY CREW ADJUSTED ·-. PICKED UP BY COMPANY DELIVERED BY CITY CREW ADJUSTED � -- PICKED UP BY COMP ANY DELIVERED BY CITY CREW . ' -ADJUSTED -.. . . . PICKED UP BY COMPANY DELIVERED BY CITY CREW ADJUSTED -... - PICKED UP BY COMPANY DELIVERED BY CITY CREW ADJUSTED . . PICKED UP BY COMPANY DELIVERED BY CITY CREW ADJUSTED PICKED UP BY COMP ANY DELIVERED BY CITY CREW A nTTT<:TPn - ,. BITUMINOUS - No Bid No Charge $6.66 . ' $4.00 No Charge· $4.03 . . $5.00 $1.00 $4.81 CONCRETE WITH STEEL ·- No Bid $100 per load/any size $106.66 .. No Bid No Bid .. ' ,_ ..• $10.00 $3.00 $6.81 . -. � .--. ---..,,,. ' - . - - $5.90 No Charge $14.13 � ... - - . -·--- -- $15.90 $10.00 $24.13 -. - . -. - . . �� -. -- CONCRETE WITHOUT STEEL . ----- --""'I •• � ... ----- . .-· -�.-� No Bid No Charge $6.66 No Bid No Bid ..... - $10.00 $1.00'1 $4.81 . ·-. - $5.90 No Charge . $14.13 -. -= --·- - ·- MILES ONE-WAY .. . ' � -- . -·-....- -.... --. - 12 6 _.,_ :r.. 5.5 .. 29 - -·-.lC . -�.ld.J .,IJ.,/:)-f ' BIDDER COMMERCIAL ASPHALT CO. " -. .. --. BITUMINOUS ROADWAYS, INC , ...... "'K' . -•••-r . MIDWEST ASPHALT CORP. ". TOWER ASPHALT, INC. .. ..... ... ..... � . •-,. - .. .. " - PLANT MIXED BITUMINOUS BID OPENING: FEBRUARY 15, 1996, 9:30 A.M. BID SECURIT' "" Bid Bond Bid Bond ' - PICKED UP ADJUSTED DELIVERED --" PICKED UP ADJUSTED DELIVERED A.C. FINE SAND MIX � ., - " - No Bid No Bid $18.2� $22.28 $25.25 " " " _....,,,_.,, -� --·-.... --· - . Bid Bond ,. None r PICKED UP ADJUSTED DELIVERED -·· PICKED UP ADJUSTED DELIVERED " . PICKED UP ADJUSTED DELIVERED . " ... PICKED UP ADJUSTED DELIVERED -��-.... �- PICKED UP ADJUSTED DELIVERED . PICKED UP ADJUSTED DELIVERED " $19.25 $23.06 $30.00 " $21.00 $35.13 $26.90 . .. -� .--.... � " 3/8" A.C. FINE MAX. AGG. � '" No Bid No Bid -... $.18.25Y $22.28 $25.25 $19.25 $23.06 $30.00 $21.00 $35.13 $26.90 --..... --� - . " ' . . 2331 TYPE 31B " .. BASE $21.00 $27.66 No Bid -- $:fZ.00£ $21.03 $24.00 __.__ -I $18.25 $22.06 $30.00 - $19.55 $33.68 $25.45 . ... .. - 2331 TYPE 41B BINDER $21.00 $27.66 No Bid --.. ... $17.m!) $21.03 $24.00 (• --...... ---. = ,.. $18.45 $22.26 $30.00 .. --- $19.55 $33.68 $25.45 � . . ,__ ... . -.. 2331 TYPE 41B WEAR -- ..,; -"""--- ..... - ---- -- .. $21.00 $27.66 No Bid $j8.oe $22.03 $25.00 $18.75 $22.56 $30.00 $20.50 $34.63 $26.40 - ., . - 2331 TYPE 41A WEAR -- - ... - $22.00 $28.66 No Bid . C$18.00 $22.03 $25.00 .. $19.85 $23.66 $30.00 -..... $21.00 $35.13 $26.90 ,, -� --- "" ,. WINTER MIX (SPECIFY) - No Bid No Bid _ _, -- - $44.ocr $48.03 $50.00 . --.. No Bid No Bid ---. ,- - $67.50 $81.63 $73.40 - ::a ' -- WINTER r . MIX TYPE ·- ---· -· BITCRETE MDOT 2381 MILES 12 .. 6 -. ·-c-· .. ·-� . u. UPM - ' .. �= - ---.,._ .-...:.-,·--· ... � -- , .. " ' . .• -· 5.5 29 " . � " CITY COUNCIL LETTER Meeting of: 2/26/96 AGENDA SECTION: ITEMS FOR CONS 1 DERAT! ON ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZATION TO PURCHASE BY: M. Winson 4~J BY NO. TRACTOR FOR UNDERGROUND TV UNIT DATE: 2/21/96 DATE &q/~-Z/~ 7. The 1996 Capital Equipment Replacement Fund - Sewer Budget has $7,500 designated for the purchase of a tractor that would pull the underground TV camera through pipes that require inspection. The reason for this purchase is to reduce the mount of time and the size of the crew needed for televising operations. Bids were received from three companies: Aries Industries of Wisconsin Golden Equipment of Pennsylvania Foster Equipment of New York $ 6,869.00 $ 7,850.00 $ 7,995.OO Staff proposes to purchase an Aries tractor that is capable of televising sewer lines that range in size from 6" up to 15". The Aries tractor was chosen because it is compatible with the City's Aries TV unit. The price for the Aries tractor is $6,869.00. This price includes spare parts and eight full hours of training. RECOMMENDED MOTION: Move to authorize the purchase of one (1) Aries TV Tractor from Aries Industries, Inc. of Wisconsin for $6,869.00 plus tax, funding from Fund 432-49499-5180-; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 96-095 COUNCIL ACTION: 2-21-1996 9:15AM FROM ARIES INDUSTRIES 1+&l&+246 7099 PAGE 1 OF ~ TO: TERRY RANDALL FROM: ARIES INDUSTRIES, 'INC. CITY OF COLUMBIA HEIGHTS N63 W22641 MAIN STREET 222 MUNICIPAL SERVICE CENTER SUSSEX, Wi 53089 ~ 637 38th AVENUE ..... (414) 246-3900 ~ COLUMBIA HEIGHTS, MN 55421 ..... ' 800-234-7205 ~]~ Phone: (612) 782-2893 ..... FAX (414) 246-7099 DAT~: EXPIRES" TERMS: F.O.B.: DELIVERY: PREPARED BY: 02/20/96 05/20/96 NET 30 DESTINATION TWO WEEKS jERRY PETERSO~ ITEM QTY U/M' PART NO. DESCRIPTION UNIT ITEM PRICE PRICE 01 I EA. 4.11.10 ARIES TRACTOR FOR $ 6,869.00 6"-8"-10"-12"-15" SEWER LINE SIZES INCLUDES' - 8 CONTACT SLIPRiNG - TV CABLE TERMINATION KIT FOR THE TRACTOR INSTALLATION,TESTING AND 8 FULL HOURS OF TRAINING WILL BE COMPLETED BY AN ARIES " SAL~S AND SERVICE REPRESENTATIVE AT TIME OF DELIVERY. I, Aries Industries Incorporated N53 W2254 ~ Main Street Sussex, wi s3oa 414-246-3900 CITY COUNCIL LETTER Meeting of: February 26, 1996 AGENDA SECTION: I ORIGINATING DEPARTMENT NO. 7 ITEMS_F~OR CONSIDERATiON POLICE 'OTHER BUrlinESs [ ~ ~ ITEM: Safety Net Program Payment [ BY: Thomas M. Johnso~ NO. 7, ~* [ ) DATE: February 5, 1996 CITY MANAGER APPROV~kI/.: The Safety Net program is a proactive approach to dealing with juveniles who are found out in the community without adult supervision after curfew. To date this program has worked very well for us and we wish to continue with its use. The major benefit of the program is that our officers are not tied up while waiting for an adult to be located who can take responsibility for the juvenile offender. The officer turns the offender and the curfew violation citation over to a social worker, who starts an immediate intervention with the family. The program, while partially funded by grants, is still dependent upon support from the cities involved. At this time that would include Columbia Heights and Hilltop, Fridley, and Coon Rapids. The $4,000 requested for this expenditure was budgeted and approved by the Council. It is hoped that the cities of Blaine and Spring Lake Park may join the program soon, which may help to reduce this expenditure. RECOMMENDED MOTION: Move to authorize payment of $4,000 to the City of Fridley for Columbia Heights' portion of the Safety Net Program, from the Police Department fund 101-42100-3050, and that the Mayor and City Manager are authorized to issue payment. TMJ:mld 96-063 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 26, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER'S APPROVAL NO: 7 /,, ,/~ ITEM: AUTHORIZATION FOR CONTRACT BUILDING BY: M. WINSON INSPECTION AND PLAN REVIEW SERVICES DATE: 2-22-96 DAT NO: --;. ¢, As the Council is aware, our Building Official has been on medical leave for several months. During this period, we have been utilizing the services of the City of Fridley's Building Official to cover this important activity. We have been informed that as of March 1, 1996, the City of Fridley will no longer be able to assist us in this area due to expected increases in building activity there. As it appears, the City will not have the full-time services of our current Building Official for some time yet. We have contracted several certified building inspectors and have received several different rates for services. The proposal of Mel Collova of Collova Services appears to best meet our needs, as we can use an hourly rate, and only need to guarantee a minimum of twenty hours a week, which allows the City more flexibility. The services to be provided would be plan review, inspections, and time in the office for consultation with applicants. The rate for service would be $28 an hour, and the City has the right to negotiate services for larger commercial permits. Mr. Collova has performed a similar service in Fridley and comes highly recommended. As of the writing of this Council Letter, the agreement is being reviewed by the City Attorney. The final version will be available at the Council meeting. RECOI~4ENDED MOTION: Move to authorize the Mayor and Acting City Manager to enter into an agreement with Collova Services for Building Inspection and Plan Review Services. COUNCIL ACTION: CI'IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER · 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 · (612) 571~3450 · FAX (612) 571-1287 February 1, 1996 Mark Winson, Acting City Manager City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Mark: I understand that Bill Bums talked to you about the City of Fridley's Inspection Division providing ongoing services for the City of Columbia Heights. I believe he told you that as of Febmmy 1, 1996, the City of Fridley would begin charging Columbia Heights $35.00 per hour and 30 cents per mile until March 1, 1996. I have asked Ron Julkowski, our Chief Building Official, to keep track of his time and mileage as well as Barry Reisch, our Contract Inspector, and Mary Hintz, the Inspection Secretary. We will forWard our time sheets and a cover sheet invoice on a weekly basis. If this was not your understanding, please let me know as soon as possible. 'The City of Fridley was happy to help Columbia Heights over the past three months since, on several occasions, Columbia Heights' staffwas very cooperative and helpful to us. Given our upcoming work schedule, however, we just cannot fill your needs and also meet the growing demands in Fridley. Thank you for your continued cooperation. Sincerely> z / Barbara DacY~ Community Development Director BD:ls cc: Ron Julkowski, Chief Building Official Barry Reisch, Contract Inspector Mary Hintz, Inspection Secretary C-96-17 February 12, 1996 4_ Joseph Sturdevant Coun~ilmembers Donald G. Jolly Meg Jones Gary L. Peterson Ms. Barbara Dacy Community Development Director City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Barb: Thank you for your letter of February 1st with regard to the provision of building inspection and plan review services that the City of Fridley has been providing the City of Columbia Heights over the last few months. First, I would like to express on behalf of the City Council, and most especially the Community Development Department, our thanks for the assistance from the City of Fridley in this matter. Ron Julkowski, Barry Reisch, and Mary Hintz have been extremely helpful to our City during this period of time in which we do not have the availability of our Building Inspector. I have heard nothing but compliments on the quality of service and the spirit of cooperation provided by these people in helping us out. Also, I would personally like to thank you and Bill Burns for the effort to facilitate this cooperation. Secondly, the City of Columbia Heights agrees to the terms of provision of these services from the period February 1, 1996 to March 1, 1996. It is my understanding that we would be charged a rate of $35.00 per hour, and 30 cents a mile for providing the inspection and plan review services. Also, it is understood that after the month of February, the City of Fridley will not be able to provide this service to us any longer due to the increase in activity in Fridley. We are currently in the process of locating a temporary contract for building inspection and plan review services to tide us over from March 1st until we are able to have the availability of a full time inspector in our own employ. Again, thank you and Your staff for assisting us. l.hope that we will be able to return the favor some time in the future. It is my hope that there will be a multitude of opportunities in the future where the communities of Columbia Heights and Fridley can cooperate. Sinferg]y, Mapk A. Winson Acting City Manager 96/15 cb 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia He~hts does no~ discriminate on the bosis of disabi~ty in employment or the provision of services Equal opportunity Employer CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL MARK A. WINSON, ACTING CITY MANAGER FEBRUARY 22 1996 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF FEBRUARY 26, 1996 1) DIVERSITY TRAINING Attached please find a remainder of the Diversity Training session that will be held in conjunction with the Human Services Commission on March 18, 1996 in the City Council Chambers. The Council is encouraged to attend. 2) MUNICIPAL LIQUOR OPERATIONS - GENERAL Attached please find a copy of a report on Municipal Liquor Operations that the Council may find interesting. 3) RECYCLING GOALS Attached is a brief report on the how well the City did in 1995 in meeting its' goals on recycling. Overall, Columbia Heights exceeded its' goal of 1,662 tons by 10% for a total of 1,843.09 tons. It should also be noted that in 1995 we were able to receive our entire allocation of SCORE funds. 4) VALUES FIRST - HISTORY NIGHT The Senior Citizens Subcommittee of Values First is sponsoring a History Night on Tuesday, February 27, 1996 at 7 PM in Murzyn Hall. The event will deal with the histories of Columbia Heights, Hilltop and Fridley with an emphasis on Citizenship. Also attached is a brochure on the Project Safety Net Program. 5) HEIGHTS PRIDE The meeting of the Heights Pride Celebration planning Committee is meeting Wednesday, February 28, at 5 PM in Murzyn Hall. 6) PARK & RECREATION SURVEY As of February 22, a total of 240 responses had been received, representing a 30% return. According to the Recreation Director this is a large enough sample to make the survey statistically accurate. It will take at least a month to evaluate the responses and prepare a final report. 7) AUDIT OF CDBG FUNDS In conjunction with our anmlal audit of the City's finances, we have contracted with the auditor to do a special audit of CDBG funds. This audit will cost approximately $2,500. 8) COMMUNITY DEVELOPMENT DIRECTOR POSITION Nine applicants were interviewed on February 14 and 15. Four finalist were reinterviewed on February 22. In conjunction with the second interviews, the candidates were given a tour of the City's facilities and the City, thus giving them an opportunity to meet members of the staff and vice versa. All the candidates are very qualified and all expressed their positive impressions of the City and the Staff. A final selection will be made very soon. CITY MANAGER'S REPORT FOR CITY COUNCIL M~TING OF FEBRUARY 26, 1996 PAGE 2 9) ASSOCIATION OF METROPOLITAN MUNICIPALITIES Attached please f'md the response from AMM to the City's decision not to renew membership in this organization. 10) JAMBOREE Somewhere along the line, there has been some confusion as to the exact dates of the Lion's Club sponsored Jamboree festivities. This confusion will result in some changes in venue for some activities due to conflicts in the availability of Murzyn Hall. Staff has been working to facilitate the changes that will have to be made. It is my understanding that Jamboree will run from June 26 - 30, with the parade on June 28 and fireworks on June 29. 11) PUBLIC WORKS TRUCK The new seven ton single axle dump truck was delivered to Public Works on February 22. 12) LIBRARY PROGRAMS The Library has started a new program targeted at 4th and 5th graders. This program will run a night a week for eight weeks. Also the Library and Recreation are working on cooperative programs with regard to their individual summer programs. Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce (3. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-387~"~ . (612) 782-2800 /~t~¢ ~ ~ ~" TO: FROM: RE: Mayor and Councilmembers Human Services Commission Members fActing City Manager Linda Magee, Assistant to City Manage~ k Diversity Training '/-~/'f' DATE-. February 21, 1996 Based on the recommendation of the Human Services Commission, Family Service, Inc. of. St. Paul has been enlisted to conduct diversity training for City staff. An initial training session has been scheduled with the Mayor, City Councilmembers, Human Services Commission members, Acting City Manager and Assistant to the City Manager for: Monday, March 18, 1996 7:00 p.m. Columbia Heights City Hall Council Chambers The purpose of this initial training is to have the trainers from Family Services, Inc. lead the group through a sampling of what they offer as the group itself would set the curriculum for the final training session with the City staff. The initial training session will last approximately 2 - 3 hours. The final training session.with staff will be scheduled at a later date. -Should you have any questions, please contact me at 782- 2812. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER MUNICIPAL LIQUOR IN MINNESOTA THE ETHICAL AND POLITICAL IMPLICATIONS OF EXPANSION AND RETENTION OF MUNICIPAL LIQUOR OPERATIONS IN MINNESOTA by Greg Bergstrom Bob Derus Pamela Jackson Michael Paymar December 13, 1995 GPA 804 PUBLIC POLICY ANALYSIS MAPA PROGRAM, HAMLINE UNIVERSITY SAINT PAUL, MINNESOTA FALL, 1995 DR. ELLEN DICKSON, PROFESSOR TABLE OF CONTENTS EXECUTIVE SUMMARY THE ISSUE ................................................... 1 Liquor Monopolies ......................................... 1 Minnesota Municipal Liquor ................................... 2 Changing Role of Municipal Liquor - The Profit Motive ............... 3 Changing Role of Municipal Liquor - Politics ....................... 4 Business Community Interest .................................. 5 Municipal Operation Trends ................................... 7 The Liquor Profit Dilemma .................................... 7 Alternatives to Municipal Liquor ................................ 8 PROBLEM CONTEXT .......................................... 9 The Forgotten Role of Municipal Liquor: Control .................... 9 Public Health Costs of Alcohol ................................. 9 ANALYSIS OF THE LITERATURE ................................ 11 STAKEHOLDER AND COST-BENEFIT ANALYSIS .................... 13 POLICY ALTERNATIVES ....................................... 15 Liquor Control ............................................ 15 Study, Inform and Educate ............................... 15 Training ............................................ 17 Network with Liquor Control Allies ........................ 17 Liquor Referendums/Advisory Elections ...................... 17 Underage Drinking .................................... 18 Local Liquor Tax ..................................... 18 Portion of Profits to Drug and Alcohol Programs ............... 19 Expand MMBA's Outreach Program ........................ 19 Liquor Operations .......................................... 19 Sound Management and Business Practices ................... 19 Profits Pay for Visible Community Improvements - Promote Benefits . 20 Reduce Liquor Liability Costs ............................ 20 Sell the Municipal Liquor Operation ........................ 20 BIBLIOGRAPHY .............................................. 22 Executive Summary In the past 10 years, liquor monopolies have faced unprecedented pressure to privatize. Pressures have come from the private sector, political motives, and from a growth of opinion that public liquor monopolies should be judged on a business "bottom-line" basis. In this policy analysis several key issues were explored: · The historical intent of municipal and state control of liquor · An analysis of the experiences of many jurisdictions in the United States, Canada, and other countries · The ethical and social issues facing' municipalities with' liquor operations · The public and social costs of alcohol in the United States · The debate over public or private sector control of the liquor business Privatization of government-run liquor operations has negative consequences. Numerous studies and articles have reported that alcohol consumption (and the social problems associated with it) increase after privatization (MacDonald, 1986; Holder and Wagenaar, 1990; Wagenaar and Holder, 1991; Holder, 1993; Moskalewicz, 1993; Room, 1993; Neu, 1995). In addition, profitable municipal liquor operations help keep taxes down. While alcohol control remains an important function for municipal liquor operations, today such Operations are more frequently being judged on profits and losses. Consequently, cities face a conflict trying to improve the liquor operation's "bottom line", while rationalizing their role as alcohol enforcer. Moreover, as cities focus more on profits, they become less effective at control, ultimately facing the difficult ethical question of why they are in the business at all. A number of researchers (Makela, K., 1980; Nordlund, S., 1985; MacDonald, S. and Whitehead, P., 1983; MacDonald, 1986; Watts, R. K. and Rabow, J., 1983; Holder, H. D. and Blose, J. O., 1987; and Holder, 1993) have shown that alcohol consumption increases with increased availability. Also, as noted above, research has shown that privatizing liquor increases consumption. Thus, when liquor is privatized, liquor consumption (and the problems associated with it) increase. Consequently, it is reasonable to conclude that, due to social and public health considerations, municipal-ownership of liquor stores is appropriate, even if the operation is marginally profitable. Government liquor stores can do a better job of alcohol control than private liquor stores (MacDonald, 1986; Holder and Wagenaar, 1990; Wagenaar and Holder, 1991; Holder, 1993; Moskalewicz, 1993; Room, 1987 and 1993; Neu, 1995). Protecting and promoting public health can be better accomplished by public liquor vendors than private retail outlets. ' The issue facing public officials hoping to continue municipal liquor stores is how to operate a reasonably profitable operation, while maintaining strict enforcement of alcohol control laws and procedures. These are not mutually exclusive goals. The following is a brief overview of suggested policy options that municipalities can implement to accomplish both: · Initiate a public relations campaign to educate citizens on the advantages of maintaining control over liquor establishments. Shift the thinking of municipal officials (and their stakeholders) regarding municipal liquor by embracing the original, and most important role of government-owned liquor stores: liquor controller. Beyond just a shift in thinking, city officials must truly convert to a control-oriented liquor operation. · Train municipal liquor employees vigorously. Proper training is vital to a control-orientated liquor operation. For example, sales clerks must be trained to recognize improper I.D.'s, underage drinkers and intoxicated individuals. Moreover, everyone within the liquor operation must be trained to understand and communicate the important role of liquor control. · Develop alliances with potential allies such as MADD, SADD, RID, academic institutions, and police and sheriffs departments to gain support on legislation, continued operation, and other issues important to their survival. Allow residents to vote by referendum, or advisory election, on the continuation of the alcohol operation in order to gain support for the municipal operation. · Establish measures to control underage drinking,' regardless of whether the city is in the liquor business or not. · Institute (subject to the legislature's approval) a local tax on liquor, earmarking some tax revenue to liquor and drug control programs and education in order to decrease consumption and increase revenue. · Earmark some profits for drug and alcohol programs. Make treatment and other alcohol related social service outreach literature available in each store. · Expand the Minnesota Municipal Beverage Association's outreach program to include liquor control assistance and support. · Institute the very best management and business strategies for their liquor operations. · Use liquor profits on very visible capital improvements, such as constructing parks. These improvements should be aggressively promoted by the city. · Obtain a better rate on liquor liability insurance by seeking the assistance of the Minnesota ii (or National) League of Cities. · Inform the public that it faces higher taxes, a cut in services, or both if the municipal liquor operation is eliminated. Public officials may decide that their best alternative is to put an end to their liquor operation. However, they should only do so if the public fully understands the true consequences of that action. Elimination of a municipal liquor operation is not a recommended alternative. 111 The Issue Liquor Monopolies The first government liquor monopoly to have as part of its goal the protection of the public health was established in the mid-nineteenth century in Sweden. The first U. S. "dispensary system" was set up in Athens, Georgia in 1891. Gradually, the system spread to other municipalities, counties, and states, but eventually was abolished by prohibition (Room, 1987 and 1993). After the repeal of prohibition in 1933, states were given the authority to control the production and sale of alcohol. While maintaining control over liquor sales was in part due to public health concerns, states soon realized that revenue could be generated from the sale of alcohol. According to Room (1987), 18 states chose to institute some form of state-owned liquor monopoly. Those states were Alabama, Idaho, Iowa, Maine, Michigan, Mississippi, Montana, New Hampshire, North Carolina, Ohio, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. Mississippi's, was the last to be formed in 1965. Since 1987, some of those states have privatized their liquor monopolies. Among them: Iowa (1987) Michigan (1989) and West Virginia (1991). Other states' liquor monopo- lies are in the process of being privatized, including those in Montana and Ohio (Wake- man/Walworth Inc., December 12, 1994; Wakeman/Walworth Inc., July 3, 1995). While Minnesota is noted by Room, there appeared to be less concern about municipal liquor stores in this state because all local operations, including municipal stores, must still purchase their liquor through private wholesalers (Bergland, 1995; Room 1987). Minnesota Municipal Liquor According to Room (198T), repeal of the 18th Amendment (prohibition) to the U.S. Constitution in 1933, created a need for alcohol control structures across the nation. The repeal placed responsibility for alcohol control on the states. Many states set up state monopolies. Minnesota allows cities to issue liquor licenses to private vendor's or to establish local monopolies in certain circumstances. Minnesota allows cities with fewer than 10,000 people to own and operate municipal liquor stores. Some of the 268 municipally-owned stores in Minnesota are located in larger cities, mostly in the twin-city metropolitan area. They are allowed to operate despite the fact that their populations exceed 10,000 people because they were grand-fathered in under provisions in state statute (Minnesota Statute 340A.601). A municipal liquor store is not appreciably different than its private counterpart. Most customers probably do not know there is a difference. However, there are some subtle but important differences. First and foremost, one is a for-profit operation. SUccess is judged primarily on profits. The municipal operation, on the other hand, is set up primarily for control. Success for the municipal liquor operation, as is the case with many government services, is not as easily judged as its private sector counterpart. The for-profit motivation of private liquor outlets led American capitalist John D. Rockefeller, Jr. to conclude that %nly as the profit motive is eliminated is there any hope of controlling the liquor'traffic in the interest of a ~tecent society. To approach the problem from any other angle is only to tinker with it and ensure failure. This. point cannot be too heavily stressedt' (Room, 1993). A contentious issue continues to be the debate over whether cities or states should be 2 in the business of selling liquor. In the current political climate, privatization of government services has received considerable attention. With a growing trend toward privatization, one could expect to see less municipal or state control of liquor operations, based simply on philosophical or ideological arguments. In addition, owning a liquor store presents public officials with an ethical dilemma. Cities are responsible for enforcing DWI laws and combating other social problems associated with alcohol consumption. Some argue that a city-owned liquor business conflicts with those responsibilities. Thus, cities should divest their liquor businesses. This is consistent with current popular conservative philosophical views across the nation, i.e. that business can do it better. However, research indicates privatization of government-run liquor operations has negative consequences. Numerous studies and articles have reported that when a public liquor monopoly is privatized, aldohol consumption (and the corresponding social problems associated with it) increase (MacDonald, 1986; Holder and Wagenaar, 1990; Wagenaar and Holder, 1991; Holder, 1993; Moskalewicz, 1993; Room, 1993; Neu, 1995). While alcohol control remains an important function for municipal operations, today they are more frequently being judged on profits and losses. Consequently, cities face a conflict trying to improve the liquor operation's "bottom line", while rationalizing a role of alcohol enforcer. Moreover, as cities focus more on profits, they become less effective at control, ultimately facing the difficult ethical question of why they are in the business at all. Chanl~inl~ Role of Municipal Liquor - The Profit Motive Municipal operations and control states initially sought to keep control over the sale of alcohol after prohibition to ensure that public safety was protected. However, it soon became apparent that control states and some municipal stores could bring in sizable revenues from the sale of alcohol which ultimately saves the taxpayer money. In the 1980's the free market revolution was pervasive throughout the world. Most communist countries went through radical ideological and economic transformations. In the west, conservative governments in the United States, Canada, and many European 'countries, including Great Britain, ushered in reactionary agendas claiming that government should be smaller and that privatization of certain functions of government was desirable. In this manner, the move to privatize government controlled operations began. As decentralization places greater demands on cities to provide services, cuts in federal and state revenue further compound the problem. . Local government officials try to withstand revenue cuts and provide increased services, while at the same time heeding the public's vociferous opposition to any tax increase. To meet these challenges, elected and appointed officials have been told (trained) to "think like entrepreneurs", "re-invent government", "rely less on taxes" or~"do more with less". One way to meet that challenge is to find new, or expand existing sources of revenue. Expansion of liquor profits is clearly consistent with this modern "entrepreneurial" way of thinking. Moreover, expansion of liquor revenue is often as simple as expanding the monopoly, especially for large metropolitan suburbs. Changing Role of Municipal Liquor. Polities · Politics has also played a part in the changing role of public liquor ownership. According to Wagenaar (1995), governors and legislators in control states see short-term 4 economic and political benefit in privatizing. By selling off public liquor store capital and inventory, politicians can balance difficult state budgets, and hail reduced state payroll with cuts in state liquor jobs. For example, in 1994 Washington Governor Mike Lowery asked the legislature to close 164 state-run stores and auction off' an equal number of private franchises (Seattle Times, 1994). Bauman (1995) documented that Ohio, Montana, Oregon have all recently voted to privatize liquor, continuing a trend that started in 1987 with the privatization of the Iowa monopoly (Holder & Wagenaar, 1990). As noted earlier, Iowa (1987) Michigan (1989) and West Virginia (1991) have all recently privatized their liquor operations. The liquor monopolies of Montana and Ohio are in the process of being privatized (Wakeman/Walworth Inc., December 12, 1994; Wakeman/Walworth Inc., July 3, 1995). Unfortunately for taxpayers, selling a state liquor monopoly is a long-term financial loser for the state, because they are very profitable. Moreover, no one is counting the social costs of increased consumption as a result of privatization (Wagenaar, 1995). If the huge social, public health, and economic costs that accompany privatization are added into the cost-benefit analysis, there is no question which option is superior. Politics has also played a part in Minnesota. Approximately 10 years ago, the state legislature adopted a law requiring municipal liquor operations to show a profit in two of three years, or conduct a public hearing on the matter. Implicit in this law is the message: make money or get out of business. Business Community Interest As privatization of liquor operations gained support by some in the Canadian 5 government, the business community rejoiced. Many entrepreneurs thought they would make a lot of money by setting up private liquor stores in areas that had privatized. However, the reality for most small operations is that the small mom and pop store likely won't be able to compete and liquor operations will end up being dominated by large retail chains (Neu, 1995). Additionally, forty-four per cent of the Canadian employees who lost their jobs at liquor operations after privatization are still unemployed. This is compounded by a decline in real wages for those employees who currently work in private sector stores (Neu, 1995). Proponents of privatization have long claimed that an increase in tax revenues at private stores would make up for a loss in revenues at government-controlled operations. However, the facts tell a different story. In Poland after privatization, the government saw a 50% reduction in alcohol revenues, coupled with graft and corruption at the hands of private vendors (Moskalewisz, 1993). In some Minnesota metropolitan-area cities with municipal liquor operations, the sentiment is that the status quo will remain despite philosophical objections regarding government having a monopoly. However, the Chamber of Commerce in cities that have municipal liquor stores, as well as the Minnesota Licensed Bex)erage Association, don't necessarily view municipal operations as a problem. In fact, some municipal stores have actually been helpful to the private stores by assisting in getting bills passed or defeated in the legislature which might adversely effect the liquor industry, both public and private (Bergland, 1995). Municipal Operation Trends Getting out of the liquor business is an option more and more Minnesota cities are choosing. According to Pen'on (1995), in the past 7 years nearly 100 Minnesota liquor stores have closed, primarily because of financial losses. Kuelbeck (1994) reported that 41 cities (all in greater Minnesota) reported losses of $78 to $34,805 and income was off 12% for all Minnesota liquor stores in 1994. These numbers indicate that the trend of divestment of Minnesota municipal liquor stores, particularly in greater Minnesota, will continue. Minnesota municipal liquor store performance numbers point out a disparity between greater Minnesota and metropolitan city operations. While many operations in greater Minnesota are struggling, most metropolitan operations are thriving. For e×ample, Richfield, the state's most profitable municipal liquor operation, has built an impressive park system using profits of over $450,000 per year. Moreover, with the recent approval of the construction of a fourth store, Richfield's annual liquor revenue is projected to increase by. approximately $150,000. The Liquor Profit Dilemma As elected and appointed officials try to maximize liquor profits, they face a dilemma. Municipal liquor was established to control liquor. Additionally, cities are responsible for enforcing DWI laws and combating social problems associated with alcohol consumption. Do they belong in any business that conflicts with those responsibilities? The answer is yes, provided the city embraces its primary role of control. On the other hand, a city concerned with maximizing profit compromises that role and ultimately, faces a dilemma that can spell the end of the operation. 7 Some argue that Cities should divest their liquor business. Moreover some claim municipal liquor stores have an unfair advantage over private vendors, because they do not pay property or income taxes. A city focused on liquor profits, rather than control, has a more difficult time defending its role in the face of such arguments. Alternatives to Municipal Liquor There are two options for a city considering divestment of its municipal liquor operation: total liquor prohibition, or issue private licenses (privatize). However, each of these options present greater potential risks than publi~ municipal ownership. Prohibition, for a variety of reasons, is an option which is not given much consideration. It was clearly a failure the first time around. People will go wherever, or do whatever they need to purchase alcohol. Moreover, according to Room (1987), prohibition forced alcohol into its most compact and potent form, the form most transportable, and the most dangerous. It could be argued that prohibition is not the same issue at a city level as it is for the nation, because the option of purchasing alcohol still exists in a nearby cit~,.. Nonetheless, prohibition at the city level is not usually considered. Consequently, privatization is the primary alternative to municipal liquor. But privatized liquor has potential drawbacks, related to liquor control. When a municipal liquor store goes out of business, it is typically because the city is not making a profit. Unless the problem was incompetent management, the privately owned liquor operation may not fare any better. Herein lies a potential problem. As one municipal official put it, "there is nothing worse than a liquor store in a bad financial condition. Some will do 8 anything to turn a buck. And that's when laws are broken" (Municipal Liquor Stores, vol. 48, 1989). Unfortunately, the list of options to turn a buck includes everything from legal activities such as strip shows to illegal things such as drugs, prostitution, after hours operations, and selling to minors and obviously intoxicated individuals. A municipality is not going to choose such options, no matter how.bad their liquor operation is doing. Problem Context The Forgotten Role of Municipal Liquor: Control According to Minnesota State Representative and former chief of the liquor enforcement section of the Minnesota Department of Public Safety Walt Petit (1995), alcohol control has now taken a back seat to revenue enhancement. In his opinion, municipal liquor stores exist today, not for alcohol control, but to bring in revenue; "absolutely, and you can quote me on that". Petit explained that originally it might have been true that alcohol control was the main motivation for having a municipally-owned liquor store, but "that's not the issue now. It's revenue driven". Today with the emphasis on profits, public health issues have not been a part of the municipal liquor debate in city hall. Oddly, this is occurring at a time of unprecedented concern by health and enforcement professionals of the problems associated with alcohol. Public Health Costs of Alcohol Alcohol-related public health problems are well documented. Alcohol is linked to a surprising percentage of domestic violence, sexual assault, child abuse, homelessness, suicide and other serious criminal, health and civil problems. Cook and Moore (1993) found that per 9 capita alcohol consumption is closely linked to violent crime rates. According to M. Grant and B. Ritson (1983), there are nine to eleven mill~on alcoholics in America. Alcohol plays a role in a high proportion of drownings and accidents in the home and workplace. Moreover, the youngest drinkers are most at-risk. According to the U.S. Department of Education's report to the Surgeon General (1993), 4.6 million teenagers have a drinking problem. Alcohol-related accidents constitute a leading cause of death among young people between 15 and 24, and about half of all youth deaths due to drownings, fires, suicides, and homicides are alcohol-related. Moreover, the negative effects of mixing alcohol and driving, according to the ..d.e.p.ar.t. me. nt's report, is ... stronger for the younger population. Alcohol-related traffic deaths are the number one killer of fifteen to twenty-one year olds, accounting for approximately fifty percent of all teenage deaths. Moreover, sixteen to twenty-four year-olds represent only 20% of Iicensed drivers in the United States and less than 20% of all miles driven, yet they account for 42% of all fatal alcohol-related accidents. Further, the report found that, while all other age groups have experienced an increase in life-expectancy the last twenty years, it has remained constant for teenagers because of drunk-driving. Perhaps the most obvious and devastating effect of alcohol on society is the human and economic death toll caused by drunk driving. The Presidential Com'mission on Drunk Driving (1983) documented that from 1973 to 1983, alcohol-related automobile accidents killed 250,000 people. More than 65% of the drivers killed in single-vehicle accidents had a. blood alcohol level of .10% or higher. At least 50% of all highway deaths involve alcohol. Economic losses caused by drunk driving are estimated to be twenty-one to twenty-four 10 billion dollars per year. Groups such as Mothers Against Drunk Driving (MAI)D), Students Against Drunk Driving (SADD), Remove Intoxicated Drivers CRID), and various other organizations and government agencies at all levels, were established to combat the devastating effect of alcohol in society. Efforts to deter drunk driving have generally involved increasing legal sanctions and enforcement. While negative effects of alcohol are well documented and understood, today's city councils look at the business "bottom line", when it comes to their liquor operation. According to Wagenaar (1995), "No one is counting up all the costs. Citizens pay for them on a different ledger. People want to live in safe and healthy communities. To safely control liquor would have a tremendous benefit for society." Analysis of the Literature A number of researchers (Makela, K., 1980; Nordlund, S., 1985; MacDonald, S. and Whitehead, P., 1983; MacDonald, 1986; Watts, R. K. and Rabow, J., 1983; Holder, H. D. and Blose, J. O., 1987; and Holder, H.D., 1993) have shown that alcohol consumption increases with increased availability. Also, as noted earlier, Holder and Wagenaar (1990 and 1991) and others have shown that privatizing liquor operations increases consumption. Thus, when liquor is privatized, liquor consumption (and the problems associated with it) increase. Social problems as result of privatization appear to be real. An analysis of the Polish experience by Moskalewisz (1993) found a dramatic increase in deaths by automobile accidents and cirrhosis of the liver after privatization and the expansion of liquor outlets. According to 11 Smith (1989), increases of 130% - 150% in alcohol-related accidents among drivers age 18-20 were evident in London, Ontario after the drinking age was lowered in July, 1971. A four year follow-up study documented similar results. Some states, like some municipalities in Minnesota, own their own liquor outlets. The privatization of state-owned liquor stores has been a frequent topic of debate. More and more states are choosing this alternative, with politics no doubt playing a part. The ethical, economic, social, and political issues raised by state-owned liquor stores are virtually identical to the issues raised by municipally-owned liquor stores. It is reasonable to conclude that, due to social and public health considerations, municipal-ownership of liquor stores is appropriate, even if the operation is marginally profitable. 'Government liquor stores can do a better job of alcohol control than private liquor stores (MacDonald, 1986; Holder and Wagenaar, 1990; Wagenaar and Holder, 1991; Holder, 1993; Moskalewicz, 1993; Room, 1987 and 1993; Neu, 1995). However, if government becomes so dependent on the revenue generated by its alcohol outlets that alcohol control takes a 'tback seafl, government alcohol monopolies will have lost their prime reason for existing. That is not to say that a city should not attempt to maximize profits. On the contrary, a city should try to maximize profits, using sound management and business practices. Most constituents would be unwilling to subsidize a municipal operation with property taxes. However, efforts, to increase profits should not come at the expense of liquor control. 12 Stakeholder and Cost-Benefit Analysis The following table demonstrates the various stakeholder interests and some of the costs and benefits of cities remaining in the liquor business. It should be noted that this is prepared with the underlying assumption that a city's main role is alcohol control. 13 Table 1: STAKEHOLDER AND COST/BENEFIT ANALYSIS. WItAT'S AT STAKE IN LIQUOR CONTROL !STAKEHOLDERS CITIES RESIDENTS/TAXPAYERS ANTI-ALCOHOL ORGANIZATIONS - MADD, SADD, ACEDEMIC PRIVATE LIQUOR ADVOCATES HEALTH AND SAFETY (POLICE) PROFESSION MUNICIPAL LIQUOR ORGANIZATIONS WHAT'S AT STAKE (COST/BENEFITS) CONTINUE LIQUOR OPERATIONS LESS PROFITS FROM LIQUOR OPERATION SUBSTANTIAL PUBLIC HEALTH AND SAFETY COST SAVINGS · MORE SUPPORT FROM CONSTITUENTS · MORE SUPPORT FROM OTHER STAKEHOLDERS (MADD, SADD, ETC) SAFER/HEALTHIF. R ENVIRONMENT (LESS ALCOHOL RELATED DRUNK DRIVING DEATHS, DOMESTIC VIOLENCE, SEXUAL ASSAULT) · LOWER PUBLIC HEALTH COSTS ASSOCIATED WITH ALCOHOL · MINIMAL LOCAL TAX INCREASE TO COMPENSATE FOR LESS LIQUOR · MUNICIPAL LIQUOR BECOMES ALLY · SUCCESS FOR THEIR ORGINIZATION · LESS SUPPORT FOR PRIVATE LIQUOR · LESS PROFIT · LESS SUPPORT FROM THE PUBLIC · MORE PRESSURE TO CONTROL · FEWER ACCIDENTS · LOWER PUBLIC FI~ALTH COSTS ASSOCIATED WITH ALCOHOL · SUCCESS FOR THEIR PROGRAMS · LOWER HEALTH CARE COSTS · INCREASED SUCCESS FOR THEIR OPERATIONS · SUPPORT FROM OTHER STAKEHOLDERS 14 Policy Alternatives Although health and safety costs associated with it are great, alcohol is likely to continue to be a part of American culture. Thus, municipal officials with liquor operations want to operate a reasonably profitable operation, while at the same time, maintaining strict enforcement of alcohol control laws and procedures. It seems these are two mutually exclusive goals. However, there are a number of procedures and strategies that can be implemented to accomplish both at the same time. The following policy options are based on the available research. These are presented with the bias that the municipal (state) liquor operation is the preferred method, both in theory and in practice. These options are arranged in two categories, (1) Liquor Control and (2) Liquor Operations. However, it should be pointed out that some of the policy options have components of both liquor control and operation. Liquor Control Study, Inform and Educate With any politically controversial issue it is difficult for public officials to know precisely how the citizenry views a specific issue. Before making any changes in the status quo, public officials might find out the pulse of the community. Some possible options are: · Conduct neighborhood focus groups or citizen surveys to help find out the public perception of municipal liquor stores. · Conduct a public hearing exploring possible alternatives coupled with a discussion on finding alternative sources of revenue to make up for a loss of income if the city were to 15 privatize its municipal liquor operation. · Initiate a public relations campaign to educate the citizenry on the advantages of maintaining control over liquor establishments, i.e. direct mail flyers, speaking engagements with community groups, advertisements, for example. Currently, the public does not perceive a difference between government controlled liquor sales and a privatized system. According to Wagenaar (1995), "Cities have not effectively communicated their role of providing alcohol in a safe environment". They must educate the public of the importance of the municipal role of liquor controller. "The public will support government's role of selling alcohol, if they are informed" (Wagenaar, 1995). When the public' is informed about the public health and safety advantages of municipal liquor, they will support the continuation of the municipal operation, including marginally profitable ones. Municipal officials must shift their (and 'their stakeholders') thinking about municipal liquor, embracing their original, and most important role as liquor controller. The Minnesota Beverage Association (and/or other state or national public monopoly oriented organization), as well as MADD, SADD, RID, etc., would seem to be likely participants in this education effort. Beyond just a shift in thinking, city officials must convert to a control- oriented liquor operation. According to Room (1987), liquor monopolies offer unique opportunities to conduct studies. Although not viable at a local level, organizations like the Minnesota Municipal Beverage Association could conduct research on control issues, ultimately demonstrating the advantages of liquor control by municipal operations. Research could be conducted in conjunction with efforts to network with MADD, SADD, RID, law enforcement organizations, 16 and others, such as academic experts. Training Proper training is vital. For example, sales clerks must be trained to recognize such things as improper I.D.'s, underage drinkers and intoxicated individuals. Moreover, everyone within the liquor operation must be trained to understand and communicate the important role of liquor control. Police and sheriff departments are allies that can work closely with liquor operations to assist with training, education and enforcement. Network with Liquor Control Allies Public liquor monopolies should network with potential allies such as MADD, SADD, RID, academic institutions, etc. By working with these organizations, and educating them of the benefit of the public monopoly, cities would gain their support on legislation, continued operation, and other issues important to their survival. Liquor Referendums/Advisory Elections Allowing residents to vote by referendum (if allowed by city charter) or advisory election on the continuation of the alcohol operation is a strategy to gain support for the municipal operation. This may be most appropriate for financially struggling operations. Advisory elections are technically not allowed by law and are not binding. However, they are frequently conducted to gain support for a controversial issue, such as liquor. A city may not want to conduct such an election, unless it has promoted the advantages of municipal operations. According to Mial (1994), the City of Westby, Wisconsin kept a failing liquor operation open by conducting an advisory election. Residents supported the continued 17 operation because of their memory of the problems associated with private operations. Residents voted 3 to 1 to keep the operation open, even though it was losing money. Reasons given for supporting the liquor operation were: fear of minors drinking and the general opinion that the municipal operation was better at control. Underage Drinking Control of underage drinking should be a major goal of a city, whether it is in the liquo'r business or not. Youngest drinkers are the greatest public health risk. According to Gehan (1995), research has demonstrated that, as the price of alcohol goes up, consumption goes down, especially for the youngest drinkers. Cook and Moore (1993) found that strong evidence exists that an increase in prices moderates the drinking habits of both youths and young adults. The youngest drinkers are the most price sensitive. There are a number of strategies to accomplish control of underage drinking. Strict policies on controls and enforcement, such as checking ID's, should be implemented. Raising prices on the cheapest alcohol (possibly through taxation) is an effective way to reduce consumption by the youngest drinkers. One of the better ways to address this, according to Wagenaar (1985), is to tax beer and wine (the lowest priced alcoholic beverages and the preferred choice of the youngest drinkers) at the same level' as distilled spirits. And finally, all taxes should be indexed to inflation, so that lawmakers do not have to keep passing new bills. Local Liquor Tax To decrease consumption and increase revenue, institute (subject to the legislature's approval) a local tax on liquor, earmarking some tax revenue to liquor and drug control 18 programs and education. Admittedly, this strategy may be difficult to sell to the state legislature. However, the principle is sound. The concept would be to earmark revenue to the local units of government in charge of liquor operations, in support of their important role of liquor control. In addition, it would be advantageous to earmark greater revenues to unprofitable, or marginally profitable operations as an incentive for their continued existence. Portion of Profits to Drug and Alcohol Programs A city should consider designating a certain percentage of liquor profits to drug and alcohol education, and other programs designed to reduce negative effects of alcohol. For example, since 1983 the City of Lakeville has donated up to 10% of its annual net profit to support chemical abuse programs in local school districts. At a minimum, cities should have treatment and other alcohol related social service outreach (AA, domestic abuse help, etc.) literature available in each store. This is another strategic move to gain support from organizations such as MADD and SADD. Expand MMBA's Outreach Program to Address Liquor Control The Minnesota Municipal Beverage Association has a very successful outreach program to assist municipal liquor operations on management and business issues, according to Kaspaszak (1995). This organization, as well as the Minnesota liquor operations, would be well served to have such a network for assistance and support on liquor control issues. Liquor Operations Sound Management and Business Practices. Every city should institute the very best management and business strategies for their liquor operations. This will keep profits as high as possible, and provide a system for 19 implementing and maintaining sound policies of alcohol control. It is important that the municipal operation makes money. If not, the local liquor operation will likely privatize. Thus, the city will end up with a reduced level of alcohol control. Profits Pay for Visible Community Improvements - Promote the Benefits Liquor profits should be used on very visible capital improvements, such as constructing parks or fire stations. Moreover, these improvements should be aggressively promoted by the city, through city newsletters, posters in liquor establishments, and in (on) structures that have been funded. Liquor store staff should be trained to inform the public of these benefits (Perron, 1995). These are strategic methods that can easily demonstrate the benefits of municipal liquor stores to residents to gain their support for the continuation of the municipal liquor operation. Work With League of Cities to Reduce Liquor Liability Cost~ Cities should seek the assistance of the Minnesota (or National) League of Cities to obtain a better rate on liquor liability insurance. Currently the League does not offer liquor liability insurance for municipal operations. However, by banding together, cities could take advantage of a relatively large, self-insured pool. Thus, liquor liability costs could be substantially reduced. Even if this option is not viable, municipal liquor managers should still look to the league's risk management staff to implement the best risk management strategies to keep costs down. Selling the Municipal Liquor Operation Although not a recommended option, public officials may.decide that their best alternative is to put an end to the municipal liquor operation due to poor profits or for other 20 reasons. If so, they should inform the public that they are facing higher taxes, a cut in services, or both. Ultimately, public officials and political leaders must responsibly weigh all of the issues on behalf of the citizenry when deciding the efficacy of municipal liquor operations in their community. 21 Bibliography Apple Valley opens new store. (1991). Municipal Liquor Stores, 49, number .4, p. 6. Bauman, David. 'More states turning over control of alcoholic beverages to private hands. (1995, September 15). Gannett News Service. Beirness, D.J., Simpson, H.M., and Mayhew D.R. (1994, January-February). Trends in drinking driver fatalities in Canada. Canadian Journal of Public Health, v85 rtl, pp. 19-21. Bergland, J. Executive Director, Minnesota Licensed Beverage Association. Personal communication, October, 1995. Cook, J. and Moore, Michael. (1993). Violence reductions' through restrictions on alcohol availability. Alcohol Health & Research World, v17 n2, p. 151(6). Don't kill the goose that lays the golden egg. (1989). Municipal Liquor Stores, 48, number 1_, p. 4. Gehan, John. Intervention Coordinator, Division of Phblic Health, University of Minnesota. Personal communication, November 3, 1995. Giesbrecht, Norman. Hangover alert: Privatization of liquor sales will be offset by increased social and health costs. (1995, September 15). Ottawa Citizen, p. Al3. Goodstadt, Michael and Flynn, Larry. (1993). Protecting oneself and protecting others: refusing service, providing warnings, and other strategies for alcohol monopolies. Contemporary Dru~ Problems, v20 n2, pp. 277-291. Griffen, Lyndon. Should I stay in the bev/al business? (1985, January), SWB Marketing, p. 55. Hamblen, M. Privatization lite: the states and liquor. (1992, June), Governing, pp. 26-27. Holder, Harold and Blose, J.O. (1987). Impact of changes in distilled spirits availability on apparent consumption: a time-series analysis of liquor by the drink. Journal of Addiction, 82, pp. 515-522. Holder, Harold and Wagenaar~ Alexander. (1990). Effects of the elimination of a state monopoly on distilled spirits' retail sales: a time-series .analysis of Iowa. British Journal of Addiction, 85, pp. 1615-1625. Holder, Harold. (1993). The state monopoly as a public policy approach to consumption and alcohol problems: a review of research evidence. Contemtmrarv Drug Problems, v20 n2, pp. 22 293-322. Hunt, B. Assistant City Manager, City of Fridley. Personal communication, October, 1995. Hutchinson, Brian. Cheers. (1994, November), Canadian Business v67, nil, p. 22. Kaspszak, Paul. Executive Director, Minnesota Municipal Beverage Association. Personal communication, October 13, 1995. Kuebelbeck, Amy. Municipal liquor store income falling. (1994, November 17). St. Paul Pioneer Press Dispatch, p. B8. League of Minnesota Cities. (1982, July). Municipal liquor dispensaries. Information for Municipal Officials, 360c4.3, pp. 1-25. Lowery, F. (1985). Drunken driving and problem drinkers-punishing the offense and treating the affliction. Minnesota Department of Public Safety. Ludwick, N. Executive Director, Chamber of Commerce, Apple Valley, MN. Personal communication, October, 1995. MacDonald, S. and Whitehead, P. (1983, fall). Availability of outlets and consumption of alcoholic beverages. Journal of Dru~ Issues, pp. 477-486. MacDonald, Scott. (1986). 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State Representative; Minnesota House of Representatives. Personal communication, November 8, 1995. Perron, Judy. Manager, Lakeville Liquor Store and President, Minnesota Municipal Beverage Association. Personal .communication, October 27, 1995 and November 3, 1995. Rausch, M. Executive Director, Chamber of Commerce, Edina, MN. Personal communication, October, 1995. Rogers, Judge Harold N. Arens & Frisette vs. Village of Rogers. (1952, August 20). Hennepin County District Court. Room, Robin. (1987). Alcohol monopolies in the U.S.: challenges and opportunities. A paper revised and abridged from a paper prepared for presentation at a meeting on the role of alcohol monopolies, January 20-27, Vaxholm, Sweden, organized by the Swedish Systembolaget. Room, Robin. (1993).. The evolution of alcohol monopolies and their relevance for public health. Contemporary Drug Problems,'v20, pp. 169-187. 24 Shefchik, R. Behind city bars. (1989, October 13). St. Paul Pioneer Press Dispatch, p. Cl. 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Maclean's v108, n30, p. 30(3). 25 CITY OF COLUMBIA HEIGHTS MEMO TO: M~J~ WINSON, ACTING CITY MANAGER FROM: JEAN KUEHN, SPECIAL PROJECTS COORDINATOR DATE: FEBRUARY 20, 1996 RE: MANAGERS REPORT CITY OF COLUMBIA HEIGHTS RECYCLING GOAL FOR 1995 .... 1,662 TONS GENERAL RECYCLING Curbside Recycling ............ 1,581.91 TONS Curbside Appliances ............. 90.13 In-House .................... 11.49 Recycling Center ............... 95.05 SUB-TOTAL ................ 1,778.58 TONS MISCELLANEOUS RECYCLING Tires ..................... 18.44 TONS Fluorescent Bulbs ............... Oil .................... Oil Filters ................... Used Furniture ................ MISC. SUB-TOTAL ............. GRAND TOTAL YARDWASTE .46 40.44 .58 4.59 64.51 ............... '.. !.,843,09 ................... 699.10 GOAL FOR 1995 ................. 1,662.00 TONS.OVER GOAL ................ 181.09 TONS TONS TONS TONS TONS S.C.O.R.E. FUNDS FOR RECYCLING EXPENSES Each year the State allocates SCORE monies to the counties, which in turn allocate monies to the cities of that county. A specified dollar amount, generally based on population is made available to each city. These funds are passed through to the cities only after the city submits a report documenting eligible, reimbursable expenses. Reporting done for 1994 made significant progress in the amount received by Columbia Heights. In 1995, Columbia Heights for the first time, received all SCORE funds available to the city. AMOUNT ALLOCATED ........... BY ANOKA COUNTY ............. AMOUNT REQUESTED/RECEIVED BY COLUMBIA HEIGHTS 1995 $63,593.78 .................... $63,593.78 Includes a bonus $5,404.10 1994 $64,624.09 .................... $52,923.02 Includes a bonus of $5,940.15 1993 $58,649.00 .................... $32,498.40 1992 59,091.12 ..................... $25,399.57 Re. sponsjblity - Nonviolence · Self-Control · Citizenship ° Integrity - Respect o Caring - 'VA U ES Columbia Heights, Hilltop, Fridley Dear Government Committee Member, We will not be meeting as a committee in February. We encourage you to attend History Night on February 27th, at Murzyn Hall (see attached flyer). The History Night is an effort by the Seniors' Committee to celebrate the value of Citizenship byperforming skits on the history of .Columbia Heights, Hilltop, and Fridley. It should be an enjoyable evening. If youth members of our committee · need a ride, please call Dave Sallman at 572-3625 prior to Feb. 27th. Our next scheduled meeting will be March 20th, 1996 at the Fridley City Hall at 4:00 P.M. There is a lot to do including planning for summer and fall activities. We hope to see each of you at the March meeting and on History Night. SincerelY, Bob Guzy-Columbia Heights Dave Sallman-Fridley 3980 Central Avenue N.E., Columbia Heights, Minnesota 55421 Telephone: 636-5694 · FAX: 638-0004 Columbia Heights, Hilltop, Fridlcy Celebrate our community value of CITIZENSHIP at History Night Tuesday, February 27, 1996 7:00 p.m. Murzyn Hall 530 Mill Street N.E. (from University Avenue, go'east on 40th Avenue, turn right at Columbia Heights City Hall onto Mill Street~ Learn how good citizenship contributed to the beginning of our fine neighborhoods and cities. HoW did Columbia Heights get its name? Was Fridley really friendly before the turn of the century? And what do horses have to do with Hilltop? Skits, donuts, and fun 'for all. Sponsored by the Senior Citizens Subcommittee of value, s First. For more information, call 636-5694. · ' ColumBia Hdghts, Hilltop,, Fi'idley Celebrate our community value of CITIZENSHIP at tory igh t, Tuesday, Feb~ary 27, 1996. 7:00 p.m. Murzyn,,Hall 530 Mill Street N,E. (from University Avenue, ,go east on 40th Avenue, mrn right at Columbia Heights City Hall onto Mill Street) Learn how good citizens~p contributed to the he~nning of o~fine neighborhoods and cities. 'HoW did COlumbia Heights, get its name? Was F~dley really'friendly before the turn of 'the centuw? And What do horses. have to do ~th Hilltop? · Skits, donuts, and fun 'for all~ ~ ~' SPonsored by the sen/or Citizens Subcommittee of Values First. ., For more information, call 636-5694, :Z We ne I your help t~ make thi~ yearn Height~ PHde the be~t eyed Our first meeting for the 1996 Heights Pride Celebration will be Wednesday.. Februamy 28, 1996, 5:00 p.m. in the Senior Room at ., r~ ?:. "::~;'0~ Murzyn Hall. . ~.,- Our Agenda includes: ~,**~u~--,'*,:. ,9;~i'Scusslon of last years Heights Pride ~¢x S %~:'?*' Improvements New ideas Open Discussion. We look forward to seeing you there! If you have any que~tione or c~mment~ pleaee call one ~f the Height~ PHde TH-Chain: I~m~ Magnueon C. H. Chamber of Comm~-ce 4850 Central Ave. N.E. Columbia Heights 574-1231 Alain Holt C. H. ,~hool Pi~tfl~ 13 , 1400- 49th A~ze. N.E. ': Co!~mbia Heights 586-4501 Me.,g Jon~ CIt'y of Columbia Heighte 590 - 40th Ave. N.E. Columbia Heights 571-0691 590 40th Avenue N.E..Columbia Heights, MN 55421 · (612) 782-2800 HEIGHT$ ILb~(~ NI~/ 'St~ll!t!alI ~:!qumlO3 'JN o,~V tl~O~ - 06~ ~;i, gg NFl '~.H~I~H ~4u,~nico °~I'N ~nu~^v H~42'k - oG'g 3Gl)~d · ~I00 $1HgI3H Aslociation o[ fletropolitan lunicipalities February 13, 1996 Mr. Mark A. Winson Acting City Manager 590 40th Avenue NE Columbia Heights, MN 55421 Dear Mr. Winson: The Board of Directors and staff were very disappointed to learn that Columbia Heights has decided to discontinue AMM membership. This is especially distressing, in view of the fact that Columbia Heights is one of the charter members of the AMM and officials from Columbia Heights played a major role in the AMM's formation. The AMM does have a'wide range of municipal mdmbers which is a strength as well as a weakness..I would i~e tO note, however, that on the "bread and butter" issues that are important to Columbia Heights, such as LGA, HACA, Fiscal Disparities and T1F preservation; the AMM is at the forefront in promoting policies that are more favorable to Columbia Heights than many of our other members. We appreciate your willingness to meet with A_MM representatives to discuss your Council's concerns and I will contact you in the near future to make arrangements. Again, Columbia Heights has been a valued member and we hope that we can address your Council's concerns. Sincerely, Vern Peterson Executive Director CC.' Dave Childs,: Chair'of Membership Committee - ~int Paul flinnesota ~q*zo44 THE MINUTES OF THE CABLE COMMUNICATION COMMISSION MEETING OF THURSDAY, FEBRUARY 15, 1996 The meeting was called to order by Chairperson, Dennis Stroik at 7:30 p.m. ROLL CALL: Commission Members: Dennis Stroik, Ken Henke, and Reuben Ruen. Council Representative: Meg Jones City Representative: Linda Magee Cable TV Representative: Mike Zmuda City Attorney: Tom Creighton Also in attendance was Councilman Don Jolly and Chuck Slocum from MCN, Channel 6. Motion by Ken Henke, seconded by Reuben to approve ~he minutes from the meeting of October 19, 1995. All ayes. There was a question on the section regarding NASA programming. This issue will be addressed at the next meeting again for clarification. Chuck Slocum from Metro Cable Network, Channel 6, made a presentation regarding the programming being done for Channel 6. He explained that Channel 6 provides diverse programming that is produced by local people regarding issues pertinent to this region. Mr. Slocum also passed out a demographic profile of the viewers of Channel 6, and answered questions. As stated in the letter enclosed in the agenda packet, Mr. Slocum is asking the Commission for support, both financially and by supplying some programming. Motion by Ken Henke, seconded by Reuben Ruen to appropriate funds to MCN in the amount of $250. All ayes. Don Jolly gave a brief overview of the Values First Program. January was selected as the month to recognize the value of Respect, and February is recognizing the value of citizenship. The primary event for February will be History Night on February 27th. This event will be taped and will be sent to MCN for broadcasting. OLD BUSINESS A. Channel Check There were no problems detected in the channel check. Correspondence Log and Complaint Follow Up. #g3-Mr. Vern Moore--Mike reported'Meredith changed some of the fittings at his residence and his reception has cleared up. Order re: Rate Increase An order approving the rate increase submitted by Meredith Cable was enclosed in the agenda packet. The order was passed by the City Council January 22, 1996. Due to the lack of official meetings in November, December, and January, the Council had to take action on this item without the Commission's recommendation. However, the proper forms were submitted and reviewed prior to the Council approving the increase. CABLE COMMUNICATIONS COMMISSION MINUTES PAGE 2 FEBRUARY 15, 1996 D. FCC Opinion and Order and Meredith's Appeal Tom reported this item is still being a_l~qled. · R seems Meredith received two different answers l~om the FCC regarding approved rotes, so they filed an appeal to obtain a clarification as to which rote is correct. E. Other Old Business There was no other old business, NEW BUSINESS A. Notice of Lower Preferred Service Rate !hah Previously Notified A leRer from Meredith was enclosed in the January agenda packet, notifying the commission that the rate for Preferred Service was actually going to be lower lhan previously reported. These rotes went into effect January 1, 1996. B. Status on Sale of System Tom Creighton updated the commission on the status of the pending sale of Meredith. He indicated that there is a purchase agreement that has been agreed to in principle. Once the formal announcement is made we will have 120 days to analyze the financial and technical ability of the new owners to nm the cable company. This formal approval will probably have to take place in May as they have a tentative closing date in July. Tom also told commissioners that even though Continental is a partial owner now, if they become the primary owner, he has concerns regarding their customer service policy as it has been part of their "social contract" they have imposed on other systems. We will have to look closely at the legal documents they will submit for approval of the sale. He also stated that it may be advantageous technically if Continental eventually owns the cable systems in the whole metro area. C. Report on Review of Forms 1205 and 1210. These reports were previously submitted by Meredith for review for the requested rate increase. As stated previously under 5C, these forms were reviewed and were completed according to FCC Do Franchise Fees for 3~d Quarter A copy of the franchise fees for 3~a quarter were enclosed in the January agenda packet for the commissioners to review. E. MCN Qua~rly Update The quarterly utxtate was enclosed in the agenda packets as informational material. F. MCN Newsletter This also was enclosed for informational purposes. CABLE COMMUNICATIONS COM/VlISSION MINUTES PAGE 3 FEBRUARY 15, 1996 Preliminary Report on the Best Available Technology to Refurbish the Cable Distribution System. According to our franchise, by November 1, 2001 the cable system must be updated to the best technology available. Therefore, anytime after January 1996 the City may request a preliminary report on plans to refurbish the system. After some discussion, it was decided we will wait until Continental takes ownership as they will evaluate the system when they purchase it and we can ask what their plans are at that time, We will keep this item on under Old Business so it will be addressed. H. 4th Quarter Franchise Fees The 4t~ Quarter Franchise Fees were enclosed in the packets for review. I. Library's Policy on Camcorder Use After the Library implemented the policy of lending the camcorder to only those who have been trained on its use, they found a lack of cooperation on the part of those wanting to use the camera to go through the training. This resulted in several confrontations regarding the policy, and therefore, the Library has decided to discontinue the practice of lending the camcorder out for public use. It will be kept at the Library for the Library staff to use for programming they will be involved in producing for the Access Channels. J. Other New Business -Dennis spoke with the Meredith employees at the local studio and addressed a few of their concerns to the Meredith Representative, Mike Zmuda. Mike will look into their concerns and answer their questions. REPORTS Report of the Commissioners Government Access-Ken Henke- He stated that he was glad to see the reinstatement of Open Mike at the local City Council meetings. He felt this is a valuable communication tool for the citizens of Columbia Heights. B. Report of Meredith Cable Mike Zmuda answered questions regarding the cable statistics enclosed in the agenda packets. He also stated the local studio is fully operational. The subscriber survey enclosed in the agenda packets was mailed to subscribers in late Jahuary and early Februa~. Due to time constraints, the survey was mailed out prior to the commission reviewing it. However, it is the same survey that was used last year and will give us something to compare to by using the same format this year. 966I '~;I .A.1tVfll:Ilt~.4 ~ ~IDVcI S~J. ClNI~ NOISSIB~O;3 SNOLLVDINflB~OD